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(영문) 의정부지방법원 2016.01.22 2015고단4572
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and a fine of 150,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to a suspended sentence of two years and a fine of 200,000 won in six months by imprisonment with prison labor for a violation of road traffic law (refluence of alcohol measurement) at the District Court of the Republic of Korea on June 24, 201, and such judgment becomes final and conclusive on July 4, 201

1. On September 16, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the 125cc c obs without obtaining a motor device license from the 34th day of the Mancheon-si, Mancheon-si, Mancheon-si, Mancheon-si, to the parking lot for the same city C from September 16, 2015.

2. On September 16, 2015, the Defendant: (a) driven a breab while under the influence of alcohol by the Defendant, such as: (b) on September 22, 2015, and (c) on September 16, 2015; (b) on the parking lot for a flab, the Defendant was driving a breab in the influence of alcohol; and (c) on the part of the Defendant, b

There is a considerable reason to suspect that the D police box was required to measure drinking by the assistant E to which the D police box belongs.

However, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. A photograph of a CCTV image to be cut;

1. Previous convictions: Inquiry of criminal history, and application of Acts and subordinate statutes before and after a disposition;

1. Article 148-2 (1) 2, Article 44 (2) (which means a failure to comply with the measurement of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Preliminary punishment: Imprisonment with prison labor for a violation of traffic laws on roads and a fine for a violation of traffic laws on roads;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is only one year after the suspended sentence was rendered for the same crime despite the fact that the defendant had a large number of refusals to measure drinking.

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