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(영문) 수원지방법원 성남지원 2016.06.16 2016고단316
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2015, the Defendant violated the Road Traffic Act (refluence of drinking), at around 00:53, the Defendant: (a) while driving a B golf car in front of the present high school, while drinking alcohol on the later side of the front side of the present high school, and received a report from 112 that a drunk person was locked on the vehicle in front of the present high school; (b) on the part of the branch police station C District Assistant D and Police Officer of the branch police station, who called for, and carried on drinking, such as drinking alcohol at the entrance, and driving a drinking, such as drinking alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the dice so that it can not be put into a drinking measuring instrument four times between about 30 minutes.

However, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. On August 4, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B golf car without a driver’s license on around 00:53 minutes from around 3.3km in front of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the sperm Y-dong, Seo-dong, Seo-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Report on detection of the driver at the main place, report on the situation of the driving at the main place, photographs, and the register of driver's licenses;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has been repeatedly punished due to drinking and driving without a license, on April 9, 2009.

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