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(영문) 청주지방법원 제천지원 2015.07.02 2015고단95
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. Around 00:13, February 11, 2015, the Defendant: (a) driven a motor vehicle from the Do in the Cheongcheon-si, Cheongyang-si, to the road located in the Seoyang-gu, Seoyang-gu, Seoyang-do, the Do in front of the “Yong-gu, Cheongwon-dong,” and (b) at the time, the Do in which the Do in which the Do in which the Do in which the Do in which the Do in which the Do in which the Do in which the Do in the Do in the Do in the Do in question was fri, and the Do in which the Do in which the Do in which the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in question had a red and shocked face with a string and the b

Nevertheless, the defendant refused this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant in the 12km section without a vehicle driver’s license on the road in front of the Cheongyang-gu Cheongcheon-si Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongdong at the time and time as stated in paragraph (1).

Summary of Evidence

1.The statement of the accused 1.E: 1. The statement of the accused's legal statement; 1. The statement of the status of the driver; the notification of the results of the drinking driving control; the details of the control; the inquiry into the results of the drinking driving control; and the investigation report (re-measurement of measurement);

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. Of concurrent crimes, the number 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 length of each of the crimes above) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act:

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