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(영문) 의정부지방법원 고양지원 2017.05.18 2017고단748
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 28, 2017, the Defendant was under the influence of alcohol, such as drinking alcohol, smelling to the Defendant from a slopeD belonging to the Pakistan Police Station while driving a CKa with drinking on the front of B on the road at around B at around 23:26 on February 28, 2017, while driving such a vehicle, the Defendant was under the influence of alcohol, such as snicking and smelling the walk on the face.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole breath of drinking between approximately 30 minutes.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said car without a driver’s license from the front day of an influence restaurant in the street of the Pakistan-Eup at the same time on the day indicated in the preceding paragraph to the front day of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driving driver, notification of the results of crackdown on drinking, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order have the record of punishment since 2002 by driving of drinking, refusing to measure drinking, driving without a license, etc.

Nevertheless, each of the crimes of this case was committed.

However, there is no other criminal record except that the defendant has been punished as a fine for one time due to driving of drinking for the last ten years or one time due to driving without a license.

The age, sex, and crime of the defendant.

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