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(영문) 수원지방법원 안양지원 2016.05.12 2016고단256
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. Although the validity of a driver’s license was suspended from January 9, 2016 to February 27, 2016, the Defendant driving Bi30 automobiles at the section of about five kilometers from the front of the 5km high school located in the Sinpo-si, Sinpo-si, Sinpo-si, Ansan-si, on February 4, 2016 to February 4, 2016.

2. Around 02:45 on February 4, 2016, the Defendant: (a) driven a vehicle i30 vehicle in front of the shooting distance of the above Yong-high school; (b) while driving the vehicle in front of the traffic distance, while standing the vehicle in front of the signal signal; and (c) while driving the vehicle in front of the Defendant’s vehicle in front of a green signal, the Defendant, who found the vehicle in front of the vehicle in front, was under the influence of alcohol, by drinking the Defendant, from a police officer affiliated with C District Unit of the Military Police Station of the Mapo Military Police Station, who found the Defendant’s vehicle in front of the vehicle in front of the signal.

Even though there are reasonable grounds to determine a person, he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds, despite a police officer's failure to comply with a request for measurement of drinking for about 30 minutes by inserting the breath of a drinking measuring instrument three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiries into the register of stations and licenses;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 152 subparagraph 1, 43 (Unlicensed Driving) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the same 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. 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 orders to provide community service and attend lectures are as follows, the age, sex, family relationship of the defendant, and the defendant.

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