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(영문) 대전지방법원 논산지원 2014.06.10 2014고단76

도로교통법위반(음주측정거부)등

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1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

1. Around January 29, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B car without a driver’s license from a large natural nanotechnology parking lot located in the Gyeongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to a new riverside parking lot located in the building side of the road.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) was discovered by the Defendant at the same time and at the same place as in the preceding paragraph, and there were reasonable grounds to recognize that the Defendant driven a B car with the driver’s face while driving the car in the influence of alcohol, such as red, stamping, and walking, and discovered that the Defendant was exposed to a slope D belonging to the Doldong Police Station C

Although the Defendant continued to comply with a request for the measurement of drinking alcohol three minutes between approximately 28 minutes by a slope D at a police box located in the Glangdong-gun, Glangdong-gun from around 21:44 to 22:12 on the same day, the Defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a driver, a register of driver's licenses, and each investigation report (Articles 3, 15, 37, and 37, of the police investigation records) or video records;

1. Relevant provisions of the Road Traffic Act and the choice of punishment for the crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose to imprisonment with prison labor, (a) Articles 152 (1) 1 and 43 of the Road Traffic Act (a point of non-licensed driving);

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 Criminal Act, Article 59 of the Act on Probation, etc. is that the criminal defendant who committed the instant crime again is not guilty of having committed the instant crime since 2002.

However, the defendant reflects the crime, and the driving distance.