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(영문) 인천지방법원 2017.08.09 2017고단3561

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2017, at around 23:00, the Defendant: (a) drinked B in about 1k section from the front of the transmission details in the city of Busan, Seocheon-si to the front road of about 1071, a vice-ro 1071, the Bupyeong-gu Incheon, to the front of the opening distance of the city of Bupyeong-gu, Incheon; (b) inhaled the Defendant from C Senior Police Station C, Incheon, the Defendant, while driving a vehicle, while driving the vehicle, while driving the vehicle, he was unbring the Defendant without walking, while the Defendant was on the vehicle in India; (c) was able to walk without walking; (d) the blood color was red, drinking, and drinking; and (e) the Defendant voluntarily driven the vehicle.

A person who was driven under the influence of alcohol, such as statements;

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a drinking measuring instrument for about 15 minutes.

Nevertheless, the defendant, in a manner that does not put the whole breath of a drinking measuring instrument properly, failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The defendant has previously been punished two times due to drinking driving.

A favorable condition: The defendant himself/herself shall confession the crime of this case.