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(영문) 수원지방법원 평택지원 2015.11.19 2015고단1471
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 19:50 on July 12, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, at approximately 1 km from the 3rd side of the Gyeongdong-dong Apartment to the front side of the entrance of the Dong-dong apartment at the same time, the Defendant driven a Crocketing car without obtaining a driver’s license.

2. Around 19:50 on July 12, 2015, the Defendant violated the Road Traffic Act (refluence of the noise measurement) as prescribed in paragraph (1) of the same Article, by driving the said Cworket car, and driving the said Cworket on the right-hand side due to the Gabscopic situation, cut off one-lane of the two-lane roads, and moved to the D Zone Zone of the Ansan Police Station, which was called upon to receive a report of 112, along with E, from the police officer belonging to the Ansan Police Station D Zone of the Ansan Police Station, which was called to the Gyeonggi-do Ansan City F. On July 12, 2015, the Defendant refused to comply with the demand of the Defendant to take a drinking test for three times on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol by dividing the Defendant’s horse into the D Zone of the Police Station at issue.

Accordingly, the defendant did not comply with a police officer's demand for alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

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. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Probation Criminal Act: Taking into account all circumstances, such as the fact that there is no history exceeding an O fine being applied and the fact that vehicles are scrapped;

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