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(영문) 대전지방법원 서산지원 2014.04.25 2014고단89
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 22:00 on January 23, 2014, the Defendant was driving a Bchip x car without obtaining a driver’s license for a section of about 30 km from the drinking house in which it is impossible to identify the neighboring trade names in the Sinjin-si, Sin-si, Sinjin-si, Sinjin-si, to the Hongkdong Hong-dong, Seosan-si Hongdong.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) on January 23, 2014, the Defendant did not comply with a police officer’s demand for the measurement of drinking level, without justifiable grounds, even though there are reasonable grounds to suspect that the Defendant was under the influence of alcohol, by accompanying the said police box to the said police box along with E during the circumstances where the Defendant was called for a while under the influence of alcohol, such as drinking alcohol, smelling on the face of 30 minutes after being required to comply with the alcohol level measurement at around 30 minutes, on the ground that the Defendant was under the influence of alcohol at around 23:25, Seosan Police Station D, which was under the influence of alcohol, and was called for by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A ledger of details of control and a ledger of use of drinking meters;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs concerning refusal to measure drinking;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. was that the defendant, while his license was revoked due to drinking driving, shall make a drinking without a license again and refused to make a request for the measurement of drinking alcohol by police officers. This provision shall not be applied to the case where the nature of the crime is

However, the defendant has the time to commit the crime of this case.

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