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(영문) 수원지방법원 2016.11.24 2016고단1429
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at around 03:00 on March 17, 2016, operated the Young-dong Highway to the Incheon direction by driving a Flearning car without a motor vehicle driver's license in E located in Gangwon-gu, Gangwon-gu, Gangwon-do.

At around 03:53 on the same day, there was a vehicle suspected of drinking, and 112 reports were received, and the police officer of the Gangwon Provincial Police Agency and the police officer of the expressway patrol team were controlled at a point of 166 km in the Young-dong Incheon direction of the highway located in the 04:05 on the same day at around 04:05 on the same day.

The Defendant had reasonable grounds to recognize that he was driven while under the influence of alcohol, such as snicking on the inside of the inside of the inside, making a snicking, showing a drinking reaction, etc., and so on, the Defendant was requested by the Inspector H to measure the alcohol from around 04:10 to about 36 minutes from around 04:46 of the same day, but did not comply with it over four times.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. An investigation report (with respect to refusal of measuring a sound content and refusal of affixing seals)

1. Application of the Acts and subordinate statutes to photographs taken on the surface of refusal to measure drinking;

1. Relevant Article of the Act on the Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against the defendant, the fact that the defendant is fined twice for the same kind of crime, and the fact that there exists any past record of being sentenced to one suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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