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(영문) 제주지방법원 2015.07.09 2015고단688
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 30, 2015, the Defendant, without obtaining a driver’s license at around 21:53 on April 30, 2015, operated the DK3 vehicle parked in front of the C cafeteria located in Seopo City B, and again drives at least 300 meters on the front of the said C cafeteria through the front road located in the top line 89 at Seopopo City of Seopopopopopo City, and the Defendant was dispatched a report that the Defendant would drive under the influence of alcohol, and the Defendant’s face is red in the process of undergoing the check at the above C cafeteria by the head of the Eth Gyeongpo Police Station belonging to the Seopopo City of Seopopopopo City of Seopopopopo City, in which there is a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s drinking in the said E, and did not comply with the alcohol measurement without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers, and related photographs;

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

1. Relevant legal provisions and the choice of punishment for the crime: Imprisonment with prison labor under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend a lecture: It shall be decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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