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(영문) 전주지방법원 군산지원 2015.09.18 2015고단645

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on May 14, 2015, the Defendant: (a) while driving a D-Wed-Wed-Wed-Wed-Wed-on motor vehicle on the Cresh-on road located in Sinsan City B in the form of drinking on May 14, 2015, on the ground that there are considerable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking alcohol, etc., by a slopeF belonging to the Gun E zone in the Gunsan E zone, there is a significant reason to believe that the Defendant was driving under the influence of drinking, but did not comply with a request for the measurement of drinking alcohol by a police officer without any justifiable reason.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant without obtaining a driver’s license within approximately 150 meters from the G in front of the G in the Sinsan-si B at a temporary border, such as paragraph (1), to the Cnonob road in the same Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. A report on investigation;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, has been sentenced to a fine due to drinking driving and refusal of drinking alcohol measurement in the past, and in addition, the crime of this case has been committed several times, and the defendant is selected to be sentenced to imprisonment.

However, the fact that the defendant recognizes and reflects his mistake, the occurrence of a traffic accident has not occurred, and it exceeds the past fine.