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(영문) 청주지방법원 제천지원 2016.06.02 2016고단74

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 24, 2016, around 02:09, the Defendant driven a coo vehicle on the front side of D in 02:09, around D in 00:00, while driving a coo vehicle on the front side of D, not on the good condition, and driving a vehicle with walking walking, such as a non-distance.

As there are reasonable grounds to determine a person, from around 02:20 to around 02:50 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole influence three times between F from around 02:20 to around 02:50 on the same day from around 02:20 on the same day to about 30 minutes from around 02:20 on the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence or autopsy of the case, a report on the situation of the driver involved in the case, and a report on the detection of the driver involved;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as follows.

The crime of this case was committed during the suspension of execution and protection observation despite being sentenced to a judgment to order the suspension of execution and protection observation for committing other crimes, and in particular, during the investigation conducted on February 12, 2016, under the suspicion of violation of the Road Traffic Act (refluence of drinking), the crime of this case, which is the same kind of crime, was committed on February 25, 2016, immediately after the occurrence of this case (the summary order was requested on February 25, 2016).