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(영문) 의정부지방법원 고양지원 2013.10.18 2013고단1400
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) at around 22:20 on August 7, 2013, the Defendant driven C et al. at a section of approximately 200 meters from the front road, regardless of the number of the head in Yangyang-gu, Yangyang-gu, Gyeonggi-do, to the front road in the same way as the above-mentioned road.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), the Defendant, from around August 22, 2013 to around 22:53 of the same day, requested a police officer to comply with a drinking test by inserting his/her face in the form of drinking three times from the slope D belonging to the Goyang Police Station, on the top of the freshing swimming pool in the Goyang-gu, Goyang-gu, Seoul, Gyeonggi-do, for the reason that he/she had a reasonable ground to recognize that he/she driven a motor vehicle under the influence of drinking, such as drinking while driving a motor vehicle under the Cme while drinking, with red and smelling, while driving the motor vehicle under the influence of drinking. However, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of the Act and subordinate statutes to the report on the situation of driving under driving under the influence of alcohol, the ledger of using measuring instruments, and the ledger;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime (including the fact that the defendant has a record of being punished twice as a drinking exclusively, etc.);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (all circumstances shown in the record, such as the fact that the accused acknowledges the mistake, the fact that the accused has no criminal record other than the fine, the fact that he/she has to support his/her family members);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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