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(영문) 대전지방법원 서산지원 2018.06.08 2018고단311
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2018, the Defendant: (a) driven a coo vehicle in E without obtaining a driver’s license from the vicinity of the Myeoncheon-do in March 17, 2018 to the same Si-C; and (b) around about 4 km from the front road to the front road.

2. On March 20, 2018, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), driving a coos car on the front road of the D, as above, on March 20, 2018, and thereafter, the Defendant’s vehicle was demanded by the police officer who was dispatched after receiving a report on the core of drinking driving, to measure drinking, while the Defendant’s vehicle was demanded by the police officer who was dispatched after receiving a report on the core of drinking driving. On the same day, the Defendant refused to measure drinking on three occasions at around 17:13, around 17:18, and around 17:23, without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification, such as notification of the result of regulating the driving of alcohol, report on the situation of the driver without a license, the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of refusing to drive without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the time interval between the criminal records of this case and the criminal records of the same kind, reflects the defendant's age, environment, sexual conduct, motive, means and result of the crime, and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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