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(영문) 수원지방법원 평택지원 2014.03.20 2013고단1639
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

[criminal power] On July 29, 201, the Defendant had a record of being sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court’s Eunpyeong District Court on July 29, 201, and on June 21, 2013, the same court received a summary order of KRW 2 million as the same crime.

【Criminal Facts】

1. On December 9, 2013, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (refluence of the noise measurement) and the Defendant was demanded to comply with the alcohol alcohol measurement three times from E slope belonging to the said D Zone during the period from 15:10 to 16:30 on December 15, 2013, as there are reasonable grounds to recognize that the Defendant driven a vehicle of one ton of Cpoter, who was driven by the Defendant, went away from a road and was investigated in relation to a traffic accident that falls between the two sides of the road, while he was investigated in relation to a traffic accident that falls between the two sides of the road.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

2. Around 14:50 on December 9, 2013, the Defendant was driving a vehicle of one ton of freight at C in a section of about 300 meters from the front of the Man-dong community hall located in the Si-Do-Eup of Ansan-si to the front road of the Man-dong village located in the same Ri-dong village located in the same Ri, with the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of operation without a license, and a protocol on the register of driver’s licenses;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The actual condition survey report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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