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(영문) 서울중앙지방법원 2014.11.28 2014고단8160
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

1. Around 03:30 on August 2, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement of the noise level) received a request for a drinking test by inserting alcohol into a single lane between four-lanes in the scisco distance of Samsung C while driving a motor vehicle at the Scisco distance of 606 Samsung Station, and driving the motor vehicle at the Scisco distance of 606 Samsung Station, and driving the motor vehicle at the same time on the scisco distance on the scisco distance on the scisco distance on the scisco distance on the scisco distance on the 4-lane of the Gangnam-gu Seoul Metropolitan Government Police Station D commander of the Gangnam-gu Seoul Southern Police Station, which received a report and received a request for a drinking test by inserting the motor vehicle at the scisco distance on the face of the suspect, making it possible to recognize that the Defendant driven while under the influence of alcohol, such as a scisf distance.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath of drinking so that the Defendant did not comply with the request for alcohol testing.

2. Around 03:00 on August 2, 2014, the Defendant operated a vehicle with a c Pinnonn class without obtaining a driver’s license from the permanent ridge at 101-ro 24, Gangnam-gu, Seoul, Gangnam-gu, to the front of the exit of Samsung 1, 606 Samsung-gu, Seoul, at approximately 6km section, from the permanent ridge at 101-ro, Gangnam-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Control note;

1. The circumstantial report of an employee;

1. Each photograph;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act (i.e., the extenuating circumstances such as the fact that one does not repent together);

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

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