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(영문) 의정부지방법원 고양지원 2015.05.14 2015고단464
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 22, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to measure a drinking level) was not in compliance with a drinking test by inserting a drinking measuring instrument in a manner of making it difficult for the Defendant to recognize that he was driven under the influence of alcohol, such as drinking, smelling, and smelling on the 69 roads above the Mayang-gu, So-gu, Goyang-gu, Goyang-gu, the 69-ro, on the ground that the Defendant was driving on the Mayang-gu, the 69-ro, Goyang-gu, Goyang-gu.

Even after being arrested as the office of the Criminal Team at the Goyang-gu High Police Station in Goyang-gu, Goyang-gu, the Defendant continued to comply with the so-called so-called so-called so-called 35 minutes on three occasions. However, the Defendant avoided it and did not comply with the police officer’s request for so-called alcohol measurement without justifiable grounds.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant from the front of a mutually influent restaurant in Gyeyang-gu, Seoyang-gu, Yangyang-si to the lower part of the 69-ro Do road, which was located in the 69-lane of the same Gu, without obtaining a driver's license in approximately 200 meters section of the 200-meter road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;

1. The register of driver's licenses, and making inquiries into the car register;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

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. The reason for sentencing under Article 62-2 of the Criminal Act is the driving under the influence of alcohol.

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