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(영문) 수원지방법원 안산지원 2015.09.15 2015고단2207

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. On June 15, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) at around 23:10 on the 300-meter section, from the front of the restaurant near the entertainment site at the National Bank in the Gyeonggi-si without a driver’s license, to the front of the restaurant in the same city-Yak-dong.

2. On June 15, 2015, the Defendant violated the Road Traffic Act (refluence of the noise measurement) at around 23:10 on June 23, 2015, the Defendant stopped at the speed of the vehicle at the start of the said window at the top of the 103-lane 103-lane of the above Yellow Sea apartment, and the Defendant was seated with the driver’s seat, and the Defendant was smelled with the driver’s seat, and there is a reasonable reason to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, drinking, fluening, fluening, and drinking on the face, and failing to comply with the demand of the police officer C belonging to the Gyeonggi-si Police Station at the Gyeonggi-si, on June 15, 2015 from around 41 to December 16, 2015 by inserting the drinking measuring machine for three times at the speed of drinking measurement, without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of vehicle driving licenses, reports on detection of, and circumstantial statements of, a drinking driver, records of use of a drinking measuring instrument, field photographs, and driving 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, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education: The defendant was seated at one driver's seat as stated by the defendant and was discovered as a suspected drinking driving, but the driver's license was refused to take a drinking test in around 2008.