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(영문) 수원지방법원 성남지원 2017.06.09 2017고단606
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), the Defendant is under the left left-hand turn from the distance of the village of the Do, in front of the celb in Seongbuk-gu, Sungnam-si, Sungnam-si B.

In the absence of any lights, such as the failure of a vehicle from the vicinity of the road to the near of the road, the vehicle has been cut to the string, and is doubtful as a drinking vehicle by taking the balking from time to time.

“A person who was under the influence of alcohol from the border E belonging to the D District, upon receipt of a report 112, driven a Frane car under the influence of alcohol, such as smelling in the Defendant’s entrance, and showing red in the face.

There are reasonable grounds to recognize the same day, which was demanded from around 21:57 to around 40 minutes to respond to the measurement of drinking alcohol by inserting the whole in four times between the 40 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

2. On March 2, 2017, the Defendant was driving a folator-car without obtaining a driver’s license from the village distance of the Do, which is located in the camping-dong of the branch of Sungnam-si, Sungnam-si, to approximately two kilometers from the Do road in the same Gu to the curher road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A statement on the overall status of a driver placed in the main place and a report on the detection of such driver;

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 Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reasons for sentencing in Article 62-2 of the Criminal Act are many defendants.

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