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(영문) 수원지방법원 2017.01.19 2016고단6757
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 28, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a DK7 car on the front of the convenience store located in the C&S around 00:05 on September 28, 2016, and was under the influence of alcohol by a policeman F who belongs to the G/S Police Station E box of the G/S department of the G/S., and was under the influence of alcohol by the Defendant. The Defendant snicking alcohol, snicking on the face, knicking on the face, and being under the influence of alcohol due to breathous

Even though there are reasonable grounds to determine a seal, the police officer's request for the measurement of alcohol consumption was made by inserting his/her breath from around 00:37 to 00:59 on the same day, and the police officer's request was made to comply with the alcohol measurement by inserting the breath in a police box by inserting the whole breath for three times from the above F, and did not comply with the police officer's request for measurement of alcohol without justifiable grounds

2. On September 28, 2016, the Defendant was driving a DK7 vehicle without a driver’s license in a section of about 800 meters from the front of the C convenience store located in B from the 16-1 East-gu, Nam-gu, the Namdong-ro, the Namdong-do, the Namdong-ro, the Nam-gu, the Nam-gu, the Sindong-do, at around 00:05, to the front of the C convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of the main driving;

1. A photograph refusing to measure drinking;

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, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the long-term punishment for the above two crimes is aggregated);

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 suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant is against his/her gender,

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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