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(영문) 인천지방법원 부천지원 2016.06.02 2016고단716

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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 March 28, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as the intersection in which the Defendant stops on a road at 159 o-ro, Seocheon-si, Seocheon-si, Seocheon-si, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, with a little string, and with a little string and snow being drunk.

There are reasonable grounds to determine a person, even though C, the head of the police station B of the Seocheon-gu Police Station B of the Seocheon-gu Police Station B of the 112 reported and demanded a police officer to comply with the measurement of alcohol by inserting approximately 30 minutes in a manner of putting the breath of drinking in force three times between 30 minutes, he did not comply with a police officer's request for measurement of alcohol

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statements (List 8);

1. A report on detection of a driver engaged in driving and a ledger on the use of a drinking measuring instrument;

1. Notification of each 112 Reporting Department (List 6, 7);

1. Application of relevant Acts and subordinate statutes of each photograph (list 14,15);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service and the order to attend a lecture, the circumstances favorable to the defendant (a confession, reflect, and reflect) and unfavorable circumstances (in spite of two times the past records subject to the criminal punishment for drinking driving, even though they were subject to the criminal punishment due to drinking driving), the nature of the crime that did not comply with the request for voluntary drinking test by the police officer to avoid the aggravated punishment, discovered the police officer who was diving without stopping on the road, leaving the vehicle at the rapid speed of 300 meters, leaving the vehicle at the rapid speed, stopping the vehicle, refusing to take a bath and take a drinking test, and refusing to take a drinking test with the citizen's cooperation. In addition, the police office arrested and taken in custody continued to do any disturbance, such as abusive language, etc., the risk of additional damage to the police officer was high, and the criminal situation was very pleasure) and other acts of the defendant's person.