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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단523

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant,

1. On March 9, 2016, a taxi driver was driven under the influence of alcohol, such as drinking alcohol, from E to the defendant, while driving a vehicle of about about 1 km in front of the second apartment unit located in the valley-dong in the same city and driving a vehicle of about 1km in front of the second apartment unit in the same city-dong.

There are reasonable grounds for recognition, from that time until 15:54 of the same day, to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument, and without good cause, to a police officer’s request for the measurement of drinking without a justifiable reason;

2. On March 11, 2016, while under the influence of alcohol content 0.177% (survey result) in blood around 21:15, a driver driven a vehicle of approximately 50 meters from a road in front of a luminous restaurant located in the Gangnam-si, Gangwon-si, to a luminous restaurant located in the same 59-meter.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. A traffic accident report and a traffic accident report;

1. Notification of the results of regulating driving of each drinking alcohol and a statement in the circumstances of each driver of each drinking alcohol;

1. (Application of Acts and subordinate statutes to field photographs)

1. Violation of the relevant provisions of the Act and the traffic laws as stated in the decision on the selection of punishment against the crime: Violation of the Road Traffic Act as stated in Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the choice of imprisonment): Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Aggravation of concurrent crimes with punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the aggravation of concurrent crimes with punishment provided for in the crimes of violation of Road Traffic Act as stated in the holding that punishment is more severe within the scope of the sum of long-term punishments of two crimes as

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”) [the scope of sentencing] six months to two years (the sentence shall be sentenced].