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(영문) 춘천지방법원 강릉지원 2017.03.22 2016고단1653
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six 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 November 17, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a CM5 car without obtaining a driver’s license from a 2 km section from the front of the Educational Culture Center of 48-41 March, 17, 2016 to the front of the same city.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a vehicle under the influence of alcohol, such as drinking, smelling, drinking, walking, walking, etc., from the Defendant, who driven a SS5 passenger vehicle under the influence of drinking on the front and front at a TM5 March 17, 2016, while driving the vehicle under the influence of alcohol on the road B or on the front and front of the road.

Despite the fact that there are reasonable grounds to determine a person, even though he/she was requested to comply with the measurement of drinking by inserting approximately 23 minutes of a drinking measuring instrument, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry about the progress of crackdown on drinking;

1. The driver's license ledger;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Violation of the relevant provisions of the Act and the traffic laws (unlicensed driving) as stated in the decision on the selection of punishment against the crime: Violation of the traffic laws of the road, as stated in Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Aggravation of concurrent crimes with punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the aggravation of concurrent crimes with punishment provided for in the crimes of violation of Road Traffic Act as stated in the holding that punishment is more severe within the scope of the sum of long-term punishments of two crimes as

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for repeated mitigation, etc. taking into account the aforementioned circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend shall be [the scope of punishment].

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