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(영문) 청주지방법원 2013.12.17 2013고단1275
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 18, 2010, the Defendant was sentenced to six months by the Cheongju District Court for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on January 6, 201.

[2013 Highest 1275]

1. The Defendant, around 02:40 on August 4, 2013, is driving B automobiles with alcohol on the front side of the small scopic scopic scopic scopic scopic scopic scopic scopp

There are reasonable grounds to recognize that a person was driving under the influence of alcohol by drinking, such as drinking, smelling, reding, etc. from the superintendent D belonging to the Cheongnam Police Station C District of the Cheongnam Police Station, while standing and diving, he/she was requested to respond to a drinking test by inserting the whole in a drinking measuring instrument for about one hour, but he/she did not comply with it without justifiable grounds.

[2013 Highest 1648]

2. On August 4, 2013, at around 03:42, the Defendant rejected the Defendant’s demand for a alcohol test by the victim D, a police officer belonging to the Cheongju-nam Police Station C District, in the office of the Cheongju-si Office located in the Cheongju-si Office, Chungcheongnam-gu, Cheongju-si, and the Defendant publicly insultingd the victim with four police officers belonging to the Cheongju-nam Police Station, namely, “I ame. I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am. I am am? I am. I am. I am? I am?

Summary of Evidence

[2013 Highest 1275]

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Report and circumstantial statement of detection of a host driver, photographs, investigation report (No. 5) / [2013 senior group 1648]

1. Defendant's legal statement;

1. A written statement of the police concerning D and a written statement of the G preparation;

1. The place of work (the previous record on the market);

1. Reference letters, written judgments and application of Acts and subordinate statutes concerning current status of punishment;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 31 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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