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(영문) 춘천지방법원 속초지원 2013.08.21 2013고단109
도로교통법위반(음주운전)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 became final and conclusive.

Reasons

Punishment of the crime

1. Around February 18, 2013, the Defendant driven a Crocketing vehicle under the influence of alcohol content of about 0.104% from the 3km section of around 18:40 on the same day from the front day of the instant Gadldld Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold Dold

2. Around February 16:15, 2013, the Defendant refused to comply with a demand for alcohol alcohol measurement for about 20 minutes on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling at the Defendant’s entrance, while driving the said rocketing vehicle under the influence of drinking on the roads in front of the Saland located in the representative of the Jado-Sadong-J, Gangwon-gun, Jin-gun, Gangwon-gun, the Defendant refused to comply with the demand for alcohol measurement for about 20 minutes, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a motor vehicle driver (blood collection results) and report on request for appraisal;

1. Notification of the results of drinking driving control, and the application of Acts and subordinate statutes reporting investigation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2, 44 (1), 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment with prison labor, the choice of a person who commits a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 207Da1138, Jan. 2, 2007);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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