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(영문) 인천지방법원 2014.12.22 2014고단8018
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. Around October 19, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the two km section of approximately 2 km from the original city road distance in Seo-gu, Seo-gu, Incheon, Seo-gu to the front road of the 1500 km from the original city road to the original road of the gold-dong.

2. On October 19, 2014, at around 23:18, the Defendant violated the Road Traffic Act (recognition refusal) demanded the Defendant to respond to the measurement of alcohol by inserting a drinking measuring instrument over about 37 minutes in a manner of injecting it into a drinking measuring instrument, such as smelling and smelling on the face, while operating Bpter vehicle under the influence of drinking on the front of 1500 “Bponer” as the wning water in Seo-gu Incheon, Seo-gu, Incheon.

Nevertheless, the Defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of drinking and measuring photographs, the ledger of drinking and driving licenses;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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