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(영문) 의정부지방법원 2013.03.22 2012고합780
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 18, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement) and was required to comply with the measurement of alcohol by inserting approximately 20 minutes in the office of the police box in Namyang-si, Namyang-si, the Defendant, while driving C in the state of drinking on the roads of 272-13 in the Namyang-gu, Jinnyang-gu, Jinnyang-si, with the influence of drinking on the roads of 272-13.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing by avoiding drinking so that he/she can return the dog and avoid drinking so that he/she did not comply with it.

2. Around 03:05 on October 18, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a C 10km vehicle from a scientific parking lot for a stock company located in the summerdong in Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the 272-13rd-si, Jyang-si, Jyangyang-si, Seoul, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the exposed site and photographs refusing to measure;

1. A report on detection of a host driver;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes) among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act shall apply, however, in consideration of the fact that

1. Article 62-2 (1) of the Criminal Act, and probation of an order to provide community service or attend lectures;

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