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(영문) 전주지방법원 군산지원 2015.12.11 2015고단1011
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) on September 29, 2015, the Defendant: (a) around 00:27, 2015, at the entrance of the Cheongsan-Eup Cheongsan-do Cheongsan-ro, the Defendant was required to comply with a drinking measurement by inserting the drinking measuring method in front of the entrance of the Mansan-Eup Mansan-dong Mansan-dong, without headlight, and driving the B Manan-do cargo vehicle; (b) the Defendant was indicated at the time of the entrance of the police officer and the interview; (c) there was reasonable ground to recognize that the Defendant driven under the influence of alcohol by drinking, such as drinking, drinking, drinking, and smelting the face and snow with a heavy snow, and drinking, but did not comply with the drinking measurement by inserting the drinking measuring method by 20 minutes of the police box belonging to the Yansan-do Mansan Police Station.

Accordingly, the defendant did not respond to a request for a sobreath test by a police officer, who has a reasonable reason to recognize that he was driving a motor vehicle while drunk.

2. Around 00:10 on September 29, 2015, the Defendant driven the above B Poter truck without obtaining a driver’s license from the Do in front of the restaurant at the Cheongsan-Eup Do to the front of the entrance of the Poter Do located in the same Ri in the same Do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (in cases of attaching photographs refusing to measure), and photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each crime as prescribed by the crime of violation of the Road Traffic Act with heavier punishment, referring to the aggravation of concurrent crimes);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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