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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1426

도로교통법위반(음주측정거부)등

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Attached Form

As stated in the indictment, the same shall apply to “prosecutions”.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement report on the circumstances of the driver involved in the driving (A) and report on the detection of the driver involved in the driving;

1. Investigation report (to listen to a statement by a shot phone);

1. The driver's license ledger (A);

1. Application of statutes on site photographs;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 151 (1), Article 32 of the Criminal Act, and Article 151 (1), and Article 32 of the Criminal Act, and Article 151 (1) and Article 151 (2) of the Criminal Act, and Article 151 (1) of the Criminal Act, and Article 151 (2) of the Criminal Act, and Article 154 (2) of the Road Traffic Act, and Article 148-2 (1) 2, Article 44

1. A mitigated defendant: Article 32 (2) and Article 55 (1) 3 of the Criminal Act;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants in the suspension of execution: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) does not apply to Defendant A except for those subject to a fine once due to drinking alcohol driving; Defendant B did not have any criminal record; Defendant B does not have any criminal record; Defendants are late against the latter; and the instant criminal is also under circumstances leading to the crime of aiding and abetting

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;