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(영문) 수원지방법원 2015.09.23 2015고단3449
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 June 21, 2015, the Defendant violated the Road Traffic Act (refluence of measuring noise level) (hereinafter “AF”) and received a report from the head of the police station having jurisdiction over the police station of the Suwon Police Station: (a) the Defendant was under the influence of alcohol, while driving a motor vehicle for drinking B in front of Suwon-gu Suwon-si, Suwon-si, Suwon-si, the Defendant was compelled to take a drinking test by inserting it into the alcohol measuring instrument for about 20 minutes among the police stations of the Suwon Police Station: (b) the Defendant was in compliance with a request from the head of the police station of the Suwon Police Station at the direction of traffic investigation of the Suwon Police Station in Suwon-si, the head of the police station at the time from around 03:43 to 04:04 of the same day, to the head of the police station having jurisdiction over the direction of traffic investigation of the Suwon Police Station at the time of Suwon Police Station at the time of drinking.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. On June 21, 2015, the Defendant driven the said vehicle without a driver’s license in a section of about 50 meters from the front of the parking lot to the front of the Suwon-gu, Suwon-si, Hanwon-si, Hanwon-si, Hanwon-si, at around 01:45.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs, such as refusal of measurement;

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 the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum total of the long-term punishments of the two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 of the Criminal Act:

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