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(영문) 광주지방법원 순천지원 2014.08.22 2014고단1018
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2014, at around 19:00, the Defendant violated the Road Traffic Act (i.e., refusal to measure a noise level) (i., the Defendant), while driving a DSM 5 car parked in the C Apartment 103 parking lot and moving it to another place at the same time, shocking another automobile and locked in the said car, and (ii) the apartment security guards moved about about 20 meters to the Defendant’s shoulder and parked the car continuously in the said car.

At around 02:00 on May 15, 2014, the Defendant was seated at a driver’s seat of the foregoing vehicle, and there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as being seated at the driver’s seat in a sloping F of the sloping Police Station affiliated with the relevant police box, sitting at the driver’s seat, snow snowing, and smelling at the Defendant’s entrance, etc., and was required by the slopingF to comply with the alcohol alcohol measurement, but did not comply with the police officer’s request for alcohol measurement without justifiable grounds.

2. The Defendant, without a driver’s license, driven the said car at the same time and place as above without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. A written statement prepared in the I;

1. A traffic accident report (1) (2) (actual survey report);

1. On-site evidence photographs of a traffic accident;

1. A photograph refusing to measure drinking;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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