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(영문) 대전지방법원 논산지원 2016.05.17 2016고단35
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant: (a) driven BM3 motor vehicles under the influence of alcohol concentration below the blood alcohol concentration at approximately 2 km section from the front of the original restaurant in the Geumnam-do, Geumnam-do, Geumnam-do, Geumnam-do to the front road of the same Geumnam-do, Geumnam-do, Geumnam-do; (b) around 01:40 on December 23, 2015.

In relation to the above, the defendant was driven under the influence of alcohol, such as the blood color of the defendant, snicking in red and snicking, and the drinking reaction during drinking, from D surrounding the surrounding circumstances belonging to the C District District of the Seosan Police Station in front of the Seosan River Station, in which the defendant was driven under the influence of alcohol due to the influence of alcohol.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of alcohol in such a way as to put about 30 minutes into a drinking measuring instrument on three occasions, such as the second, 02:01 around the same day, around 01:51, around 02:11, around 30 minutes.

Nevertheless, the defendant avoid this, and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

2. The Defendant did not obtain the driver’s license on the date stated in the above paragraph 1 of the Road Traffic Act, and the Defendant driven BM3 automobiles from approximately 2 km from the front of the original restaurant in the Geumnam-do, Geumnam-do to the front of the same mountain field in the same mountain field.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to a driver's license;

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), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning 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 Criminal Act is not only the fact that the defendant was punished for the same kind of crime, but also the fact that the defendant was punished for a fine for the same kind of crime (4 million won) has not been passed again.

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