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(영문) 수원지방법원 평택지원 2014.08.13 2014고단795
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2014, at around 03:10, the Defendant violated the Road Traffic Act (i.e., refusal to measure the noise level) and (ii) driven a DSS7 car, and driven a car in front of the red-fluoral autopsy site in front of the red-fluoral autopsy site, with the right part of the car while driving the road in front of the anti-fluoral surface in front of the anti-fluoral autopsy site.

On May 9, 2014, at around 04:03, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument four minutes between approximately 41 minutes from around 04:44 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as sniffing and smelling the said case from the slope G belonging to the nsung Police Station, which is located in Ansan-si, in which the instant case was investigated.

Nevertheless, the Defendant did not comply with a request for a so-called alcohol test by a police officer without any justifiable reason.

2. Around 03:10 on May 9, 2014, the Defendant operated a DSS7 car without obtaining a driver’s license on a section of about 10 km from the flow telescopes around the Purdo Mack-si Mack-si Mack-si (U.S.) to the red surger’s road in front of the red surgical autopsy.

Summary of Evidence

1. Defendant's legal statement;

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

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime (a point of refusal of the measurement of alcoholic beverages);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.

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