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(영문) 청주지방법원 2018.07.26 2018고단579

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 January 24, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling at the Defendant’s entrance, and drinking, from D around the 18:38 B of the Chungcheongbuk-gun, from the latitude and longitude belonging to C, and reducing drinking.

There are reasonable grounds to determine a person who has been requested to respond to the measurement of alcohol by inserting approximately 20 minutes of the same day from around 18:58 of the same day, but he/she did not put the breath of the drinking measuring instrument into the drinking measuring instrument, and did not comply with a police officer's request for the measurement of alcohol without justifiable grounds by evading it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of enforcement manual statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

The fact that the defendant has been punished more than one hundred times due to drinking driving, etc. is confessioned and is against the fact that the defendant has already been punished.