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(영문) 인천지방법원 부천지원 2016.04.21 2015고단3405

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, at around 00:45 on Nov. 19, 2015, driven a Dweing road located in Kimpo-si C, Kimpo-si on November 19, 2015, while driving a Ecopiing cargo without a driver’s license, while driving a motor vehicle under the influence of alcohol, such as drinking, snow, etc.

Since there was a considerable reason to determine the seal, it was demanded that the police officer of the Kimpo-gu Police Station, who was dispatched upon the report of 112, enter about 40 minutes in a drinking-free measuring instrument for 40 minutes, in response to the measurement of drinking by inserting it over three times.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

around 08:10 on April 11, 2016, the Defendant driven a vehicle in Ecop without obtaining a driver’s license from approximately 4km section from the front of the Seo-gu Incheon, Seo-gu, Incheon to the front day of Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

"2015 Highest 3405"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, field photographs, and the register of driver's licenses for motor vehicles "2016 Height 663";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively, concerning the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. The reason for sentencing under Article 62(1) (the following favorable circumstances) of the Criminal Act is that the defendant commits a serious violation against his fault, the fact that the defendant has been punished by a fine only, and that he does not again drive drinking or drive without a license.

The punishment shall be determined as per the order, taking into account the fact that it is being taken.