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(영문) 대전지방법원 논산지원 2015.02.03 2014고단467

도로교통법위반(음주측정거부)등

Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

1. Around 20:00 on October 22, 2014, the Defendant driven a rocketing car without a car driver’s license in the section of about 5 km from the road located in the Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, to the road in front of 68 degrees.

2. In relation to the crime described in paragraph (1) of this Article, the Defendant was demanded to respond to the measurement of alcohol in such a way as to put the breath of alcohol in the manner that he/she puts the breath of the Cheongyang Police Station affiliated with the Cheongyang Police Station, which was under the influence of drinking control, into three times on the road located in the 38-day Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, about October 22, 2014 from around 20:0 to 20:3

At the time, there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling, drinking alcohol, and drinking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉을 하면서 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes to the reports on detection of drivers, the circumstantial statements of drivers, control details, and the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

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

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act [Incompetence] is the reason for sentencing, and a summary order was issued as a result of being discovered while driving under drinking in 2013, and no more than one year has passed since the license was revoked at that time, thereby preventing the instant crime again [fluent circumstances].