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(영문) 춘천지방법원 강릉지원 2014.08.28 2014고단629
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

Punishment of the crime

1. Around 02:30 on July 8, 2014, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level) and was required to measure a drinking level on the ground that there is a reasonable ground to recognize that the Defendant was under the influence of alcohol with a red face while driving a Cknife vehicle at approximately 5 km from the front of the road in front of the road at the time of the East Sea to the front of the network, bathing beach in the East Sea, which is in front of the road at the time of the East Sea, while driving the Cknife in a about 5km section from the front of the road at the time of the East Sea to the front of the network, which is in front of the network.

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test at least four times in total on the same day, around 03:17, around 03:31, around 03:42, and around 03:53, without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in the foregoing paragraph (1) without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Reports on internal investigation (related to refusal of measurement);

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

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes as provided for in the crimes of violating the Road Traffic Act heavier than the punishment);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall take into account the favorable circumstances, such as the fact that the instant crime was committed even if the person was punished for the same crime, three times in 2004, 2012, and one time in 2013)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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