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(영문) 청주지방법원 제천지원 2017.01.24 2015고단663
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 order 663] On November 9, 2015, the Defendant driven a rocketing car at the Cheongju District District located in Cheongju-dong 644-1, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, around 00:15 on the same day, and 394, No. 394, Kaol-si, Seoul, Cheongcheon-si, Cheongcheon-si, and received street trees.

Although there are reasonable grounds to determine a person, the police officer belonging to the Cheongcheon Police Station was requested to take a drinking test, he/she did not comply with a police officer's request for a drinking test without justifiable grounds.

[2016 Highest 523] The Defendant, along with D, needs to pay money to the Defendant from the G multilateral bank operated by the Victim F on February 12, 2016, 2016, around 20:00, by the victim F in the 2nd E-2nd, in order to make it difficult for the Defendant to work from the multilateral bank in this Note.

The reason behind the lower judgment was that “I will work in G multilateral bank” was false.

However, in fact D did not intend to work in G multilateral areas.

On February 14, 2016, the Defendant and D had by deceiving the victim and transferred KRW 1,400,000 to the Agricultural Cooperative Account under the name of the Defendant’s father and wife.

Accordingly, the defendant and D were provided property by deceiving the victim in collusion.

Summary of Evidence

[2015 Highest 663]

1. Statement by the defendant in court;

1. A survey report on actual conditions, a arrest report on occurrence of a case, a report on detection of the driver at the main place, a circumstantial report on the driver at the main place, and a criminal investigation report;

1. A photograph refusing measurement (2016est 523);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police with regard to D (including theF statement);

1. Statement made by the police with regard to F;

1. A criminal investigation report (Submission, etc. of a copy of a bankbook);

1. A reply to a request for inquiry into casino entry into Gangwon Islands;

1. Application of Acts and subordinate statutes on a copy of a bankbook and specifications;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Articles 347 (1) and 30 of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.]

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