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(영문) 인천지방법원 2015.02.11 2014고단8993
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around December 22, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road of the Defendant’s company located in the Cheongcheon-dong, Bupyeong-gu, Incheon, Seocheon-gu, Incheon, and around 23:01 on the same day, the Defendant driven CM5 vehicle without obtaining a driver’s license in the 3km section from the front of the Defendant’s company located in the Cheongcheon-dong, Seo-gu, Incheon, Seo-gu to the roads in front of the New

2. Around December 23, 2014, the Defendant violated the Road Traffic Act (refluence of the noise measurement) requested the Defendant to respond to the measurement of alcohol by inserting alcohol in a manner of inserting alcohol measuring instruments over about 30 minutes at the above place until 23:31 on the same day, while driving the said vehicle while drinking on the front of the New Seoul apartment located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, a slope D belonging to the traffic safety department of the Incheon Western Police Station for the traffic safety of the Incheon Western Police Station to recognize that the Defendant driven the said vehicle while drinking on the front of the new apartment.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of driver's licenses, such as reporting on the state of driving under alcohol, photographs of refusing to measure;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was sentenced to a suspended sentence of 8 months in the Incheon District Court on November 6, 2014 for the crime of violation of the Road Traffic Act (recognition) at the Incheon District Court, and was sentenced to a suspended sentence of 2 years in the period of suspension of execution. November 14, 2014, which became final and conclusive on November 14, 2014, and

However, there is a family member who is against the other party and must support.

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