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(영문) 광주지방법원 순천지원 2014.12.19 2014고단1765
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 September 29, 2014, from around 01:14 to 01:48, the Defendant violated the Road Traffic Act (Refusal of the measurement) the Road Traffic Act: (a) on the road in front of the minsh by Scing Scambud in the luminous-dong; (b) on the road at which the Defendant was reported that the Defendant stopped on the road while driving a vehicle in front of the driver’s seat while driving on the road; and (c) the Defendant stopped on the road; and (d) the Defendant was placed under the influence of alcohol, the Defendant was placed in the front of the Yyang Police Station C District D located in the Mayang-gu Police Station, which was dispatched after receiving a report that there was an impediment to traffic; and (d) there was a considerable reason to suspect that the Defendant driven under the influence of alcohol, such as a lush distance and a little red condition, the Defendant was demanded to comply with a drinking measurement by inserting the drinking measuring instrument in his/her hand, but did not comply with a police officer’s request for measurement of alcohol without justifiable reasons.

2. Around 00:50 on September 29, 2014, the Defendant was driving a B B B B scam without obtaining a driver’s license for driving a vehicle from the front side of the finite office located in Gwangju-dong 723-6, Goyang-dong to the studio-dong, without obtaining a driver’s license for a vehicle driving on the 5km section from the front side of the finite office to the finite-dong.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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