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(영문) 대전지방법원 천안지원 2014.09.25 2014고단800
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant,

1. On May 15, 2014, around 07:03, while driving a ice B car on the road near the Green Cross located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, North Police Station C commander of the Police Station C commander of the Police Station in Yancheon-gu, Seocheon-gu, the Defendant was snicking and snicking on the face of the Defendant while driving the vehicle under the influence of alcohol, such as a snick distance on the left and right side, and there are reasonable grounds to believe that the vehicle was driven under the influence of alcohol, the police officer was not required to comply with the drinking test without justifiable grounds, even though the police officer was not required to comply with the drinking test without justifiable grounds.

2. On May 15, 2014, around 04:49, a person driving a B SP car without obtaining a driver’s license from the parking lot of the directly owned Eup/Myeon office located in the Seo-gu Incheon Metropolitan City, Seocheon-gu, Seocheon-si to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to photographs, a copy of the register of drinkers using drinking instruments, a report on detection of a drinking driver, the register of driver's licenses, and investigation reports (a summary of

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, 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 of violation of the Road Traffic Act due to refusal of taking a alcohol level heavier than the punishment and the punishment specified in the aforesaid two crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act on August 12, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Daejeon District Court’s astronomical support on August 12, 2013. Nevertheless, the nature of the crime is that the Defendant was driving under a drinking without a license for drinking for nine months.

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