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(영문) 수원지방법원 안산지원 2014.02.05 2013고단2606
도로교통법위반(음주측정거부)
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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

On September 2, 2013, around 22:25, the Defendant, at the front parking lot of the “Dcafeteria” located in C at the time of the Gyeonggi City, was sprinked with G patrols of the Silung Police Station Facspons, who was called out after receiving 112 report that he was pushed by restaurant while driving a car to be sprinked with E options.

The Defendant, who sniffly sniffly sniffly sniffly at the entrance, and siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly, siffly siffly siffly siffly, siffly, and siffly siffly siffly siffly siffly siffly siffly siffly, but did not comply with the police officer’s biffly siff

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

2. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing):

3. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing).

4. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the same order, taking into consideration the facts of this case, the fact that the defendant led to the crime of this case, and there was no record of punishment heavier than the fine due to the same kind of power, and other circumstances of this case, the age of the defendant, living conditions, etc.

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