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(영문) 수원지방법원 여주지원 2013.10.11 2013고단708
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

1. On June 24, 2013, at around 21:51, the Defendant: (a) driven a Fpoter vehicle from a restaurant in the Gyeonggi-gun B while drinking alcohol to a e-station in D; and (b) entered the above E-station and called the said E-station to “abbling and drinking alcohol; (c) has been summoned for the license was revoked after measuring the previous drinking alcohol,” and the Defendant was forced to avoid disturbance.

On the same day, at around 22:02, there are reasonable grounds to recognize that a police officer was driven while under the influence of alcohol, such as smelling alcohol at the defendant's entrance and snicking on the face, etc., and was requested to comply with a drinking test by means of taking about about 20 minutes from the slope G belonging to the Snju Police Station Eaba, but did not comply with a police officer's request for a drinking test without justifiable grounds.

2. Violation of the Road Traffic Act (Unlicensed Driving) was driven by the Defendant from the front of a restaurant to D, which is located in B of the said temporary border game, to the front day of a police box located in D, without a driver’s license, at approximately 100 meters away from the above 100-meter section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and the ledger of the use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Application of field photographs and Acts and subordinate statutes rejecting measurement;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act (the punishment heavier than that shall be imposed on a violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the age of the accused, reasons why the accused was discovered, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Considerations for Discretionary Mitigation);

1. Not less than Article 62-2 of the Criminal Act to provide community service or attend lectures;

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