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(영문) 수원지방법원 2015.04.29 2015고단786

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 00:50 on January 28, 2015, the Defendant driving a vehicle B with a blood alcohol concentration of about 0.251% from a section of about 700 meters from the road near the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front road.

2. On January 28, 2015, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds, even though he/she was required to take a drinking test three times at the border of the Suwon-nam Police Station at the traffic safety department of the Suwon-nam Police Station where he/she was under the influence of alcohol while driving on the street in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol at around 00:50 on January 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The written request for appraisal, the written report and the blood alcohol appraisal report;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was sentenced to imprisonment for six months on October 22, 2014 for a crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Ansan District Court’s Ansan Branch, which was sentenced to two years of probation on October 22, 2014, and the judgment became final and conclusive on the 30th of the same month, and the defendant committed the instant crime even during the period of probation, taking into account the fact that the defendant was also subject to suspended sentence, and that the blood alcohol level was also high at the time

However, the defendant led to the confession of the crime of this case and reflects the fact that the defendant disposes of the motor vehicle of this case and does not repeat the crime, and the defendant twice in 2003 and 2005.