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(영문) 수원지방법원 2016.08.18 2016고단2435
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 2435"

1. On March 23, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), and the Road Traffic Act (unlicensed driving) on the road in front of the “C” located in Ansan-gu B without a driver’s license on March 23, 2016, driving a D SP car on the front of the “C” on the road located in Ansan-gu B, Ansan-gu, and driving it into the central market at the jurisdiction of the Ansan Fire Station, while stopping the said car on the road. The Defendant was dispatched after receiving a report from the head of the Ansan-gu Police Station E District, Ansan-gu, and the head of the police station G.

The defendant was driven while under the influence of alcohol, such as he/she was fluoring of a face and eye, gluoring, and unable to walk properly.

Although there is a reasonable reason to determine a person, a request for a measurement of alcohol from a slopeF, the person did not comply with the request for a measurement of alcohol at least four times from the same day to 05:27 on the same day without justifiable grounds.

"2016 Highest 3443"

2. Around 13:30 on May 31, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without a vehicle driver’s license, driven a D SP car from the 1km section to the same 131st road in the vicinity of the construction site of the apartment site to the same 131st road in the same Gu.

Summary of Evidence

[2016 Highest 2435]

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger (2016 high group 3433);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act, such as observation of protection, community service and order to attend lectures, continued to drive without a license even after being investigated as a result of his refusal to measure drinking, and the defendant has many criminal records of the same kind.

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