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(영문) 수원지방법원 안산지원 2016.06.28 2015고단3958

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 28, 2013, the Defendant driven a motor vehicle of sofurged B, such as the Defendant, while drunkly breading in front of a pair of loan located 830-3 located in Ansan-si on April 28, 2013, and drinking at a drinking reduction due to a drinking reduction.

If there is a reasonable reason to determine a person, he/she received a request for the measurement of drinking on three occasions, such as a request for the first measurement of around April 28, 2013 from Ansan-gu Police Station C superintendent D on April 28, 2013, a second measurement request of around 23:52, a second measurement request of around April 29, 2013, and a third measurement request of around 0:03 on April 29, 2013, but did not comply with it without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Investigation reports, internal investigation reports, application of the relevant Acts and subordinate statutes;

1. The same type of punishment as the order shall be determined by comprehensively taking into account all the conditions of the sentencing indicated in the records, such as the relevant legal provisions regarding the crime, Articles 148-2(1)2 and 44(2) of the Road Traffic Act regarding the selective sentencing of imprisonment, the circumstances under the grounds for sentencing of the defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, etc.

The accused has a record of imprisonment with prison labor, the suspension of the execution of two times of imprisonment, and the punishment of nine times of fine.

Among them, three times of fine is due to drinking driving, and two times of fine is due to driving without a license.

In addition, the defendant has a record of being sentenced to imprisonment with prison labor for one time and fines for one time even for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and there is a risk of causing victims when driving under drinking.

The Defendant committed the instant crime even though he had been under the influence of drinking even one week prior to the instant crime.

At the time of the enforcement of this case, the defendant refused to measure drinking, expressed the desire and intimidation to police officers, and did not show the attitude to entirely reflect on the police and the prosecution, and the arrest warrant was issued because he did not comply with the summons of investigation agencies.