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(영문) 청주지방법원 2019.01.10 2018고단2028

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, at around 16:50 on August 27, 2018, driven a B rocketing car and driven by D on the left side from the right side of the Lone Star car in the direction of the progress, caused a traffic accident involving the front part of the Defendant’s vehicle. From the background E, a police officer of the Cheongju Police Station, who was dispatched upon receipt of a report, the Defendant’s entrance was snicking, snicking, snicking, snicking, and snicking, and the walking of the Defendant’s snicking, snicking, snicking, and the walking was driven three times from around 17:18 to 17:36 on the same day on the same day, and did not comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are recognized as the crime of sentencing, and are contradictory to the fact that there are no favorable circumstances, such as the fact that there is no history of punishment exceeding the fine imposed for the same crime, and that drinking driving force is higher, etc., and the defendant's age, character and behavior, motive, means and consequence of the crime, circumstances after the crime, criminal punishment, and all other circumstances, which are the conditions for sentencing specified in the records and arguments of this case, shall be determined