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(영문) 수원지방법원 성남지원 2016.12.14 2016고단2186 (1)
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to 4.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 10, 2016, the Defendant: (a) around 13:25 on July 10, 2016, 2016, while driving CM3 motor vehicles under the influence of alcohol, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while driving CM3 motor vehicles under the influence of alcohol, such as putting the red light on the front and face of the D Zone at the D Zone at the D Zone of the D District of the D District of the Sector Police Station, and there is a considerable reason to believe that the Defendant was driving under the influence of alcohol.

Nevertheless, the Defendant refused to comply with a police officer’s request for sobreath measurement by avoiding the measurement of a drinking measuring instrument, etc.

"2016 Highest 3293"

1. On August 31, 2016, around 11:20, the Defendant driven CM5 automobiles without obtaining a driver’s license from around 12 km section from the front road of the branch of Seongbuk-gu Seoul Metropolitan City to the front road of the same city, Jungwon-gu, Jungwon-gu, Seoul Metropolitan City to about 442-1.

2. On September 9, 2016, around 05:20, the Defendant driven the said SM5 vehicle without obtaining a driver’s license from a section of about 9 km from the front road of the branch of Seongbuk-gu Seoul Metropolitan City to the front road of about 132 meters from the middle-gu, Jungwon-gu, Seoul Metropolitan City to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration and on the status of running a motor vehicle under consideration;

1. Application of the register of driver's licenses, and the reporting on the state of driving without licenses;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to imprisonment and consideration, such as the fact that the punishment is against imprisonment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Probation;

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