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(영문) 광주지방법원 2014.09.18 2014고단2230
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 of the final judgment.

Reasons

Punishment of the crime

1. On June 2, 2014, at around 22:38, the Defendant: (a) driven a B car without obtaining a driver’s license in the section of approximately 3.1 km from the road front of the bottom line of the "vertebraries through the bones" Sea Station, which is instigates in Gwangju Nam-gu, to the 229 and the 3.1km of Gwangju-gu, Gwangju-gu, to the front road.

2. On June 2, 2014, at around 22:41, the Defendant violated the Road Traffic Act (recognition refusal). On June 2, 2014, at around 22:29, the Defendant was arrested as a flagrant offender in Gwangju-dong-gu, Gwangju-gu, and received a request from the Gwangju Dong-dong Police Station C of Gwangju-dong Police Station C to take a drinking test by inserting a drinking measuring instrument between approximately 36 minutes in the direction of drinking in the direction of driving. After arresting a flagrant offender, the Defendant was able to recognize that the Defendant was driving while under the influence of alcohol, such as drinking, drinking, drinking, and visual shocking, and making it inaccurate to recognize that the Defendant was driving under the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하거나 또는 빠는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of drinking drivers, report on the results of the control of drinking driving, and application of the ledger of driver's licenses (A);

1. Article applicable to criminal facts;

(a) Refusal to measure alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of imprisonment;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment.

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. The sentencing of Article 62-2 of the Criminal Act applies to the order to attend a lecture on several occasions.

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