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(영문) 전주지방법원 2016.11.22 2016고단911
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 25, 2016, from around 18:30 on March 25, 2016 to around 19:00 of the same day, the Defendant driven a dice-type vehicle without obtaining a driver’s license from the management office of the postal apartment located in the 71stm of Yansan-gu, Jeonju-si to the 46km-gu, Jeonju-si, to the public parking lot in Jeonju-si.

2. Around 00:02 on March 26, 2016, the Defendant violated the Road Traffic Act (refluence of the noise measurement) received the other vehicles parked in the Dice-based parking lot at the 46 public parking lot using the dice-based sprink in the front city in the front city, and received the other vehicles parked in the dice-based parking lot at the 46th city, and received the dispatch of the Edistrict belonging to the Jeonjunsan Police Station Edistrict, and received a demand from the above F to comply with the alcohol measurement by inserting the vehicle into the drinking measuring machine for about 20 minutes, such as smelling and smelling on the face, and making it possible for the Defendant to be deemed to have driven under the influence of alcohol.

Nevertheless, the Defendant “Non-driving” only re-enters the horses, and did not comply with a police officer’s request for measurement of drinking without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, a appearance, uniform, language, attitude, the user register of a drinking measuring instrument, and a report on whether a drinking driver is in danger;

1. A report on internal investigation:

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to field photographs and vehicle photographs;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable to the accused.

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