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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단2989
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 22, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the side of 503-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

There are reasonable grounds to see the same day, 19:48 (19:58), and 20:08 (20:08) the Ministry of Health and Welfare rejected the measurement of alcohol without justifiable grounds even though the C District Assistant D of the Gyeonggi-do Police Station received a request for the measurement of alcohol from the C District Assistant D at the 19:48 (1) on the same day.

2. On May 2, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the e-wing truck at a distance of about 1km from May 22, 2015 to around 308, Dong-dong, Dong-dong, Dong-dong, Seoyang-si, Seoyang-si, Dong-dong, Dong-dong, Dong-dong, Dong-dong, 308, to the roads specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court (third time);

1. A copy of the report on the circumstances of a driver who is in charge of drinking and the register using measuring instruments;

1. Statement made by the police with regard to F;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to on-site photographs, on-site photographs of witnesses, and places where suspect control is placed, and satellite photographs (on-site maps) of the suspect;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, 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. It is inevitable to sentence a sentence in light of the following: (a) a person who is under probation due to a crime of the same kind of punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) a person who commits a crime with a greater penalty than a drinking driver; and (c) a person who denies a crime by an investigative agency.

On the other hand, the defendant recognized the defendant's erroneousness at the latest and shows his anti-discrimination.

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