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(영문) 전주지방법원군산지원 2020.11.25 2020고단1319
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was engaged in driving two-wheeled Motor Vehicle B 249c.

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on July 3, 2020, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three times from 20:25 to 21:51 on the road in the military, Dasan-si, Dasan-si, and driving of the said two-wheeled vehicle in the same condition after receiving a report of 112, stating that “the level of the vehicle and the ratob” is “the level of the vehicle and the ratob” while driving the said two-wheeled vehicle in the same condition. However, the Defendant was required to comply with the demand of the police officer for a drinking test by inserting alcohol measuring instruments three times from 20:25 of the same day to 21:09 on the same day without justifiable grounds by driving the said two-wheeled vehicle.

2. Around 19:51 on July 3, 2020, the Defendant was driving the said two-wheeled vehicle without a driver’s license from the front of the cafeteria, the name, the name, and the name, the name, the name, and the name, the name, the name, and the name, the name, the name, and the name, the name, and the name of the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing traffic accident reports, on-site photographs, the ledger of driver's licenses (A), the register of vehicle driving licenses (B), the circumstantial statement of a drinking driver, investigation reports, notification of the results of the drinking driving control, notification of measurement refusal to take measurements, and the application of such Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) and 44 (2) of the Road Traffic Act that prescribes the choice of punishment (the rejection of drinking alcohol, the choice of imprisonment), subparagraphs 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The current road traffic situation where many and unspecified persons habitually use the reasons for sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

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