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(영문) 전주지방법원 2013.05.08 2013고단781
도로교통법위반(음주측정거부)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 13, 2013, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 20 minutes between 20 minutes, in a situation where the Defendant was found to have driven under the influence of alcohol due to the following reasons: (a) on February 13, 2013: (b) there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s smelling, smelling, and failing to properly accumulated the body of the Defendant from the E- Zone AssistantF of the Nansan Police Station E Zone EthicalF of the front state, which was called after receiving a report 112 that he had driven a drinking-free vehicle in front of 159.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobage measurement not later than 22:41 on three occasions on the same day without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at a section of about 100 meters from the front day of the Yansan-gu Hyundai Apartment Complex in the front day of the front city of the front city without a temporary driver's license, such as the statement in the preceding paragraph, to the front day of the same Gu-effective Pungdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on detection of a driver and the register of driver's licenses;

1. Application of statutes, such as site photographs;

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 volume of alcohol), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished seven times or more due to drunk driving, and the suspended sentence is stated.

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