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(영문) 수원지방법원 안산지원 2015.11.12 2015고단2937
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. Violation of the Road Traffic Act (Refusal of a measurement) does not comply with a request for a measurement of drinking, on September 29, 2015, the Defendant was under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a smell from a slope of the F Zone G in the Singu Police Station, which was dispatched after receiving the report 112, and making it possible to recognize that the Defendant was under the influence of alcohol, such as using a subdivided horse, and continued to comply with a request for a measurement of second alcohol at around 02:33 on the same day, and on the same day, the Defendant did not comply with a request for a measurement of second alcohol at around 02:43 on the same day, but did not comply with a second alcohol measurement on the same day.

2. Around 01:50 on September 29, 2015, the Defendant: (a) driven a spke vehicle without obtaining the driver’s license from the front of the H to the front of the Ch at Silung-si, from around 44 meters to the C front of Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in the I;

1. Each entry into the report on the situation of driving without a license, the report on the status of driving without a license, the report on the status of driving with a driving without a driving, the report on the status of a driving with a driving driver, the

1. Application of each of the visual Acts and subordinate statutes to field 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished six times for the crime of violation of the Road Traffic Act. Since it seems that the risk of recidivism is very high, the defendant will be sentenced to imprisonment with prison labor, but the defendant shows an attitude to seriously reflect on the crime of this case.

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