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(영문) 대구지방법원 상주지원 2014.07.15 2014고단158
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 15:50 on March 15, 2014, the Defendant was driving a DNA rocketing car without obtaining a driver’s license from the funeral hall of the Namnam Hospital located in the Yaeong-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, to the parking lot of the fleet chief in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

2. On March 9, 2014, at around 16:47, the Defendant violated the Road Traffic Act (refluence of measuring noise) stated that he/she was in the C warehouse located in the Yacheon-gun, Chungcheongnamcheon-gun, and that E, etc. was in drinking and driving alcohol. There are considerable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as the Defendant’s face, and that the walking condition is shocked and the walking range is in a state of shock, etc., he/she did not comply with the measure of drinking alcohol of G without justifiable grounds, even though he/she was requested from the F police box slope G from 17:07 to by 17:07.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (affixing photographs at the time of refusal to measure a field photograph and drinking);

1. The circumstantial statement of the employee;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have been identical to the defendant several times, but there is no record of punishment exceeding the fine, taking into account the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime.

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