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(영문) 광주지방법원 목포지원 2021.03.23 2020고단1290
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

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

" 2020 Highest 1290"

1. The defendant's legal statement, report on the occurrence of a traffic accident, report on the actual condition of the traffic accident (1) (2) the investigation report, report on the investigation (any circumstance of refusing to affix the confirmation letter and physical confirmation letter), report on the circumstances of the driver placed at the main place, and the

1. A medical certificate, CD 2, and a previous record in each ruling: A response to inquiries, such as criminal history, a summary order, and a report on the occurrence of a legal traffic accident by the defendant of the 2021 High Order 151, the report on the occurrence of a traffic accident by the defendant of the 2021 High Order, a traffic accident report (1) (2) a de facto investigation report, a statement on the circumstances of a driver

1. Articles 148-2 (2) and 44 (2) of the relevant Act concerning the crime, Article 3 (1), the proviso to Article 3 (2), Article 3 (7), Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 148-2 (1), Article 44 (1), and Article 44 (2) of the Road Traffic Act concerning the crime, and Articles 50 and 50 of the Criminal Act concerning the ordinary concurrent crimes under Article 148-2 (2), Article 3 (1), the proviso to Article 3 (2), Article 3 (7), Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 152 of the Road Traffic Act (Article 152 of the Road Traffic Act) and the provision concerning the selection of a sentence between the drivers of a road (Article 40)

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (a) repeated drinking in the state of license without permission, driving of alcohol, etc., the social danger of drinking and the purport of the Road Traffic Act, which has been amended to raise the statutory penalty: The defendant reflects wrong; (b) there is no history of crime exceeding the fine; (c) vehicles are covered by comprehensive insurance; and (d) the victim does not want the punishment of the defendant.

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