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(영문) 인천지방법원 부천지원 2015.09.14 2015고단2186
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around July 25, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the part of the 100-meter section from the 100-meter section of the 100-lane B apartment to the underground parking lot of the same apartment from the 826-dong, Seocheon-si, Seocheon-si to the 826-dong B apartment.

2. Violation of the Road Traffic Act (Refusal of measurement) on July 25, 2015, the Defendant was required to take a drinking test for about 30 minutes on the ground that there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol due to the lack of a large amount of drinking odor E from the D District Zone Corpon, etc. dispatched after receiving a 112 report that the Defendant was driving under the influence of alcohol on July 25, 2015, and the Defendant did not comply with a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the application of the regulations to the ledger of drivers' licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Article 48-2 (1) 2 of the Road Traffic Act (the rejection of the measurement of noise, the choice of imprisonment), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

4. The sentence shall be determined as per the order, in consideration of the fact that the defendant's reason for sentencing under Article 62(1) of the Criminal Act reflects in depth the error and that there is only the previous conviction of the fine.

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