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(영문) 청주지방법원 2014.08.20 2014고단444
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On April 7, 2014, at around 16:30, the Defendant violated the Road Traffic Act (refluence of the noise measurement) demanded that the Defendant comply with a drinking test by inserting the alcohol measuring instruments for approximately 30 minutes in a direction of about 500 meters from the front of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, and the front of the restaurant at Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, and the front of the restaurant at Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, the face of the Defendant was red, inaccurate, and inaccurate, while driving the 49C metabs in the front of the restaurant at Jincheon-do, Jincheon-gun, Jincheon-do

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

2. Around 16:30 on April 7, 2014, the Defendant driven a motor bicycle driver’s license on a section of approximately 500 meters from the front of the Housing Stincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun to the front of the restaurant at Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Seoul, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of a host driver;

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

1. Relevant laws concerning facts constituting a crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

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 (see, e.g., the fact that the defendant seriously reflects the error and that the defendant drives a small motor bicycle);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (Re-assessment of reasons for discretionary mitigation);

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