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(영문) 광주지방법원 2014.12.04 2014고단3811
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, without obtaining a driver's license, the Defendant caused a traffic accident while driving a vehicle which was driven by Cgallon in about about 20 meters from the front side of the 305-dong parking lot in the front side to about 10 dallon, the front side of the 305-dong parking lot in the Yan-gun, the Y-gun, the Y-gun, the Y-gun, and the front side of the 305-dong parking lot. On the same day, the Defendant was demanded to comply with a drinking measurement for a total of 3 minutes from 00:45 to 43 minutes on the same day by inserting the falsing the drinking while drinking at the time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes listed in the register of driver's licenses, such as reports on detection of drivers, circumstantial reports on drivers, investigation reports, and driving licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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