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(영문) 인천지방법원 부천지원 2014.05.29 2014고단762
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. On March 6, 2014, at around 15:38, the Defendant was under the influence of alcohol on the road in front of 7-3 Hacheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and the Defendant was under the influence of alcohol with D’s vehicle while driving the Oruss Vehicle at the 7-3rd-dong, Seocheon-gu, Seocheon-gu, Seocheon Police Station E-gu, which was called for after receiving the said D’s report.

On the face of the defendant in the above earth, there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as red-lighting and unsaluting distance, etc., the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds, even though he was requested from the above F to respond to the alcohol testing by inserting about 40 minutes into a drinking measuring instrument three times.

2. The Defendant, in violation of the Road Traffic Act (unlicensed Driving), was driving a Cisler vehicle at a 1km section from the Do in the 231-10-dong, Yan-si, Yancheon-si, Yancheon-si, Yancheon-si to the front of the 7-3-dong, Yancheon-gu, Yancheon-si to the front of the 1km road.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in relation to D and G preparation;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the status of driving a motor vehicle under the influence of alcohol, circumstantial reports on a motor vehicle driving, reports on detection of a motor vehicle under the influence of alcohol drivers, records on the use of a d

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and 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. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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