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(영문) 수원지방법원 2015.10.02 2015고단3524
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 20:30 on July 7, 2015, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as making a large amount of drinking alcohol and making a heavy snow on the part of the Defendant from the slope C belonging to the Yongsan-dong Police Station B Zone B, which was called out after having received the 112 report that there was a traffic accident from the first bridge distance in the fluence of the wife population in the fluent mountain road.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉조차 하지 아니하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Around July 20:10 on July 7, 2015, the Defendant driven a D-free motor vehicle without obtaining a driver’s license from the construction site located in the region north-dong of the wife population in Chungcheongnam-si to the first bridge located in the area of the 2km away from the location of the construction site located in the region north-dong of the wife population in Chungcheongnam-si to the width of the first bridge located in the region north-dong of the wife population.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, investigation reports, reports on the actions taken against an employer driver, and reports on the status of the employer driver;

1. Application of Acts and subordinate statutes on license ledger;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the accused acknowledges and reflects the crime and that there is no previous offense except for twice a fine due to drunk driving);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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