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(영문) 인천지방법원 부천지원 2014.07.17 2014고단1096
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 12:40 on March 19, 2014, the Defendant: (a) was parked while driving a motor vehicle for DNA graphic services at the front parking lot in front of the Dong-dong Chinese restaurant, Dong-dong, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, which was parked in order to go to the house; (b) was driven voluntarily by the police box of Kimpo-gu, Kimpo-si, which was sent to the site by the driver’s report of the said motor vehicle; and (c) was driven voluntarily by the police box of the Hapo-gu, Kimpo-si, Kimpo-si, Kimpo-si.

The Defendant, on the grounds that there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as sniffing the smell at the time, failing to properly hold the body, etc., he did not comply with a request without justifiable grounds, even though he was required to comply with a drinking measurement by inserting the breathm in a total of three times from H to 13:24 to 13:52 on the same day.

2. Around 12:40 on March 19, 2014, the Defendant, without a vehicle driver’s license, driven a vehicle for the rocketing traffic business at the front parking lot in front of the large-dong Chinese restaurant located in the large-dong Chinese restaurant located in Chungcheongnam-si, Kimpo-ri 636-2 on March 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the I and J;

1. Application of the circumstantial reports on drinking drivers, reports on detection of drinking drivers, copies of the usage register of drinking meters, and the statutes governing the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, 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;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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