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(영문) 서울남부지방법원 2012.11.29 2012고합721
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. On July 17, 2012, around 18:40 on July 17, 2012, the Defendant driven Cbenz automobiles without obtaining a driver’s license in a section of about 300 meters from the front of the Riwing-dong Seoul, Guro-gu, Seoul to the front road of approximately 18:47, the same day from the front of the Riwing-dong, Guro-gu, Seoul to the front road of approximately 89-137, Nam-gu,

2. On July 17, 2012, at around 21:20, the Defendant: (a) at the Guro-gu Seoul Police Station, at around 18:47 on the same day, the Defendant: (b) was able to recognize that the Defendant driven the said car under the influence of alcohol, such as being sneeped at a driver’s seat in front of a three-lane located in the Southern-ro Station as indicated in paragraph (1) at around 18:47 on the same day; and (c) was able to recognize that the Defendant was driving the said car under the influence of alcohol, such as being snicking and snicking on the face at the time of the said vehicle’s driving on the said vehicle, the Defendant was demanded from the head of the police box affiliated with the said police box to comply with

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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

1. Article 152 subparag. 1, Article 43, Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the fact that a person has been punished for driving without a license or imprisonment), Article 152 subparag. 1, Article 152 of the Act on the Punishment of Criminal Facts and the Selection of Punishment, and Article 152 subparag. 2, Article 44 (2) of the Road Traffic Act (the fact that a person has been

1. From among 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 of the crimes of violating the Road Traffic Act with heavier punishment)

1. Article 62 (1) of the Criminal Act (including the fact that there is no sentence imposed on the defendant, the fact that there is a family member, the distance of drinking driving is relatively short, etc.);

1. Order for community service and attending lectures;

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