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(영문) 수원지방법원 평택지원 2015.07.02 2015고단513
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 05:25 on March 21, 2015, the Defendant was driving a BNS car without obtaining a driver’s license on the road from the front day of the CF car in Pyeongtaek-dong in Gyeonggi-do to the front day of the 1.5 km Road.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to comply with a drinking test by inserting the whole breath of the drinking level in a manner of inserting the drinking level into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a large amount of drinking while driving the said vehicle in front of the road at the same time, and driving the said vehicle at the same time from D Gyeong-gu Police Station C District at the Gyeonggi-gu Police Station, while driving the said vehicle with drinking.

Nevertheless, the defendant, who avoided and escaped, did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation;

1. The circumstantial statement of the employee;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43, 148-2 (1) 2 and 44 (2) of the same Act concerning the facts constituting a 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 under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;

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