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(영문) 대전지방법원 2015.06.23 2015고단993
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 19, 2015, the Defendant was driving the E-learning Motor Vehicle on the front of the Seo-gu Daejeon, Seo-gu, Daejeon without a vehicle driver's license, and was reported by 112, the Defendant was found to have been driving under the influence of alcohol on the part of the Defendant in accordance with the F District G circumstances of the Daejeon Western Police Station, Seogu, Daejeon Police Station, which was called for after receiving a 112 report that there was a vehicle suspected of driving under influence of alcohol, and there is a reasonable ground to believe that the Defendant was driving under the influence of alcohol, such as a string and a walking distance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

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. It is so decided as per Disposition on the grounds of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;

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