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(영문) 대전지방법원 2015.01.27 2014고단3941
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

1. On October 26, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and driven the EM3 vehicle at a section of about 10km from the first village tennis station located in Sejong-si, Sejong-si, without obtaining a driver’s license, to the first national highways located in Sejong-si, Sejong-si, at the speed of about 10km from the first village tennis station to the first national highways located in Sejong-si, Sejong-si.

2. On October 26, 2014, at around 03:30, the Defendant received a report that a vehicle was dangerous in the construction of a vehicle on the two-lanes of the national highway letter No. 1 national highway No. 1, and there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as being snicking and snicking the Defendant with very red face, etc., the Defendant was demanded to comply with the alcohol measurement by inserting the vehicle into G district of the Sejong Police Station G district from around 04:34 of the same day to around 04:54 of the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

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 on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) shall be strictly punished against the criminal defendant who has committed the crime of this case, among the probation period of the same type of probation, in consideration of the fact that the criminal defendant who has committed the crime of this case, is deemed to have committed a large proportion of

1. Probation, order to attend lectures and order to provide community service;

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