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(영문) 전주지방법원 2016.05.10 2016고단103

도로교통법위반(음주측정거부)

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

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 January 15, 2016, around 04:30, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol on a section of about 300 meters from a promult parking lot in front of Samcheon-gu, Samcheon-dong 1 to a two-use apartment complex in the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and driving a motor vehicle under the influence of alcohol, such as:

Since there are reasonable grounds to determine the seal, it was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes of drinking in the manner of inserting the 20 minutes from C District Guard D of the Jeonsan Police Station C District.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Report on the circumstances of the driver involved in driving, the appearance, uniforms, language, and attitude of the driver involved in driving;

1. A report on internal investigation:

1. Application of the Act and subordinate statutes on site and rejection of measurement;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Although the Defendant had been punished for the violation of the Road Traffic Act, such as drinking, drinking, refusing to measure drinking, and driving without a license, etc., on five occasions, the Defendant committed the instant crime again.

Criminal records have been punished for other crimes several times.

Therefore, it is necessary to strictly punish the defendant.

However, after the defendant was sentenced to a suspended sentence due to violation of the Road Traffic Act, damage to public documents, and damage to public goods in 197, the suspended sentence is more than 20 years.