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(영문) 수원지방법원 성남지원 2015.06.10 2015고단633

도로교통법위반(음주측정거부)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for three months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning E and F;

1. G statements;

1. Application of Acts and subordinate statutes to a report on the state of de facto operation;

1. Article applicable to criminal facts;

A. Articles 151(1) and 31 of the Criminal Act of Defendant A, Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a) of the Road Traffic Act, and the choice of imprisonment, respectively.

B. Article 151(1) of the Criminal Act (Selection of Imprisonment) for Defendant B

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Although Defendant A had been punished for drunk driving in 2005 and 2006, there is also a very high quality of the crime, such as refusing to take a drinking test after driving under the influence of alcohol, and aiding and abetting Defendant A to escape a criminal by making Defendant B state on behalf of him to drive under the influence of alcohol.

However, in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant is greging and reflecting his mistake after the crime of this case, the defendant sought and agreed to use the letter to the victim of assault, and the fact that there is no particular criminal record other than the fine due to drinking driving.

2. Defendant B was not subject to a fine of approximately twenty-four (24) years prior to the Defendant, and the Defendant’s punishment was determined as ordered in consideration of all the sentencing conditions indicated in the instant pleadings, including the circumstances leading to the instant crime.

Public Prosecution Rejection Parts

1. Of the facts charged in the instant case against Defendant A, the summary of the Defendant’s assault committed on November 28, 2014, at around 15:47, at a restaurant “I” located in H of the Sungnam-si, Sungnam-si, Sungnam-si, after drinking the ju and beer and driving a motor vehicle by J, and driving the motor vehicle. At around 16:15 on the same day, the employees of the said branch are driving the motor vehicle for display by blocking the road.