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(영문) 수원지방법원 안산지원 2016.01.13 2015고단3504
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 25, 2015, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law in the support of the Sugwon method, and the Defendant was issued two times before driving alcohol.

[Criminal facts]

1. On September 13, 2015, the Defendant: (a) driven a spke vehicle at the section of approximately 300 meters from the front side of the same commercial building in Ansan-gu, Yandong without a driver’s license on September 15:10, 2015 to the front side of the branch of the 47 modern Motor Vehicle Services in the same half month.

2. On September 13, 2015, the Defendant was driven under the influence of alcohol, such as a violation of the Road Traffic Act (refluence of alcohol measurement) on the road front of a point of half of the 47 Hyundai Motor Service in Ansan-si, Ansan-si on September 15:10, 2015, and a Defendant was bread on the road before the point of half of the modern Motor Vehicle Services:

Even though there are reasonable grounds to recognize it, the police officer did not comply with the alcohol alcohol measurement by inserting approximately 30 minutes of a drinking measuring instrument at least three times from the assistant D belonging to the relevant police box C of the relevant police station, and the police officer did not comply with the alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. The ledger using a drinking measuring instrument, and the ledger of driver's licenses;

1. Photographs refusing to measure drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and choice of imprisonment, respectively, for a crime;

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. Reduction of volume (the favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, the suspension of execution (the following extenuating circumstances considered as favorable for the reasons for sentencing),

1. Reasons for sentencing of Article 62-2 of the Criminal Act.

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