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(영문) 춘천지방법원 속초지원 2019.02.13 2018고단209

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 22, 2018, at around 22:38, the Defendant was arrested in an act of violation of the Road Traffic Act as a crime of violating the Road Traffic Act, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a large amount of drinking alcohol, making a big distance of drinking alcohol, and entering red, etc. on the part of the district guards of the Seocho Police Station C District of the Seocho Police Station called up after receiving a report of 112 that there was a vehicle under the influence of drinking, while driving a BL car on the front of the intersection road located in Yangyang-si, Yangyang-gun, Yangyang-gun.

After that, the Defendant was transferred to the C District Office in the Seocho Police Station, and the Defendant was requested to comply with the drinking test by inserting the drinking meters from around 23:10 to around three times on the same day on the same day from E due to the above circumstances, but did not comply with the police officer’s request for the drinking test without justifiable grounds.

2. On May 22, 2018, the Defendant driven the said car without obtaining a driver’s license from the G Lestop road front of the G Lestop Island in the Yangyang-gun F, Yangyang-gun to the front of the shooting distance on the same 5km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the Conditional Statement Report, Use Register of Drinking Measuring Instruments, and Automobile Driver’s License Register;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant recognized the crime and reflects it, and there was a record of being punished by a fine due to drinking driving and an accident after the accident in 2017.