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(영문) 대전지방법원 논산지원 2019.06.25 2019고단204

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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 May 4, 2019, at around 23:20, the Defendant was demanded to respond to the alcohol alcohol measurement by putting in person the fire attached to a drinking measuring instrument three minutes between about 10 minutes and making it difficult for the Defendant to recognize that the Defendant driven under the influence of alcohol, such as F in the process of drinking control while driving D body-man car while driving the D body-man car, and having been working at the E box of the Seosan Police Station E box of the Seosan Police Station, after drinking alcohol, and showing red blood, etc., but refused the alcohol measurement by failing to comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. The circumstantial statement of the employee;

1. A copy of the usage register of drunks;

1. Application of the Acts and subordinate statutes to photographs rejecting measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Probation and community service order, community service order, and lecture attendance order include probation, six times the same criminal records including probation, and circumstances where the quality of the crime is not good in light of the content and circumstances of the crime of this case: The circumstances in which the crime of this case appears to be against the defendant's wrongness; the disposal of the vehicle and the return of the vehicle seems to be against the same mistake; the defendant appears to be supporting the child who is a university student; and the defendant's age, character, character, environment, criminal records, criminal records, criminal records, circumstances after the crime, etc. are considered and all the sentencing conditions specified in the arguments of this case shall