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(영문) 수원지방법원 2018.02.08 2017고단7466

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six 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 October 2, 2017, the Defendant driven a BM5 car while drinking on around 12:40 on October 2, 2017, and did not properly operate steering devices on the front road in the sphere C in Suwon-si, and caused a traffic accident involving D Driving E, for which the Defendant reported and stopped the Defendant’s SM5 car, and caused the traffic accident involving D Driving E, which caused the traffic accident.

Drinking accidents are drinking accidents.

“A person who, upon receiving a report on 112, drives a vehicle under the influence of alcohol on the face of a police officer in F, belonging to the police station belonging to the Seowon of the Gyeonggi-gu Police Station, while drunking him/her.

Even if there are reasonable grounds to determine a person, he/she was requested from around 13:01 to around 13:15 of the same day to comply with the measurement of drinking alcohol by inserting the whole breath for about 14 minutes from around 13:01 to around 13:15 of the same day, he/she did not comply with a police officer'

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident involving D;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the circumstances of the surrounding driver);

1. Video CDs for which measurement is refused;

1. Application of the actual investigation report on traffic accidents, and statutes governing the scene photographs of traffic accidents;

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The Defendant admitted his mistake while making a confession of the instant crime.