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(영문) 수원지방법원 2016.01.13 2015고단5482

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2015, the Defendant, at around 02:55, driven a motor vehicle under the influence of alcohol by a police officer D belonging to the Kim Jong-gu Police Station C District of the Kim Jong-gu Police Station, who was called upon by the Defendant to report that he was able to sleep in the said motor vehicle without obtaining a driver’s license from approximately 30 meters section from the front of the central pole, which was located on the roads of Kim Jong-si, Kim Jong-si, to the front day of the Kim Jong-gu, Kim Jong-si, Kim Jong-si, without obtaining a driver’s license from around 92 meters in the section of the 30m section, from the front day of the road of the Kim Jong-si, Kim Jong-si, Kim Jong-si, who

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath of drinking three times between about 30 minutes.

Nevertheless, the defendant did not comply with the above request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, report on the results of crackdown on drinking driving, and report on the circumstances of the driver of drinking;

1. A copy of the ledger of drinking meters and the ledger of driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that the defendant recognized the crime and is in profoundly against the defendant, and the fact that the defendant has no criminal record for the same kind of fine exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;