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(영문) 춘천지방법원 원주지원 2016.12.23 2016고단1060
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 21:10 on October 27, 2016, the Defendant: (a) driven a motor vehicle with Chand in the influence of alcohol without obtaining a driver’s license; (b) driven the motor vehicle on the road in front of the Gu E in the driving of the original city; (c) driven the motor vehicle in front of the original city D after receiving a report of 112, which is suspected of drunk driving; and (d) there are reasonable grounds to suspect that the Defendant driven the motor vehicle while under the influence of alcohol by drinking, such as drinking the motor vehicle from G at the border of the F Zone of the original police station, which called the motor vehicle upon receiving a report of 112 to the suspicion of drunk driving; and (c) the Defendant has been holding red on the non-slid and face of the motor vehicle; and (d) was requested to comply with a drinking test by inserting the drinking measuring machine three times in total from around 21:35 to

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the result of regulating drinking driving, and a copy of the usage register;

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

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty: Selection of imprisonment with prison labor;

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;

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