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(영문) 수원지방법원 성남지원 2016.04.19 2016고단111
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at around 04:53, the Defendant driven a vehicle while under the influence of alcohol, such as the following: (a) the Defendant’s hurb car was placed in India, and the Defendant’s hurburd car was placed in India, and the Defendant was seated in India; (b) the speed change device was placed in D’s seat; and (c) the Defendant was under the influence of alcohol, such as inafluence of drinking and inafluence of drinking.

Although there is a reasonable reason to determine the person, C of the police station at the branch of the branch police station requested for a measurement of drinking three times, the police officer did not comply with the measurement of drinking without any justifiable reason.

2. Around August 25, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driven the automobiles listed in paragraph (1) without obtaining a driver’s license, from around 16, 192, a 500-meter “FRRR 192” to the place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a statement in the circumstances of the primary driver;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Articles 152 (1) and 43 of the Road Traffic Act concerning facts constituting an offense: Imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order is that the Defendant, even though having been subject to punishment several times for the same kind of crime, should be punished by a strict punishment that prevents each of the crimes of this case.

However, the defendant does not repeat again.

The defendant's history of punishment exceeding the fine is the same.

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