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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고단712

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face of the Defendant, from F of the police box affiliated with the police box, which was called up after receiving a report of 112 while driving the motor vehicle D in the influence of alcohol, at the front of C, at around 18:40 on March 1, 2017.

Despite the fact that there are reasonable grounds to determine a person, the person was requested to respond to the measurement of drinking on three occasions in total, 19:22 of the same day, 19:28 of the same day, and 19:35 of the same day, the person did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Statement report on the circumstances of a driver driving, report on the situation of a driver driving, notification of the results of regulating the driving of drinking, and inquiry into the results of crackdown on the driving of drinking (the person on June 1, 2017);

1. Application of Acts and subordinate statutes to photographs refused to measure;

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. The sentence of this case is inevitable in light of the frequency and contents of the same kind of force (eight times in total as drinking and non-licensed driving power) as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing), and the fact that the former is the last one, and the latter commits the crime of this case while being under suspension of execution.

However, in consideration of the family environment and support relationship of the defendant, the health status of the defendant, and the situation where the existing suspended sentence can be invalidated due to the conclusion of this judgment, the sentence against the defendant shall be determined as ordered within the range of the normal mitigated sentence.