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(영문) 수원지방법원 2017.12.13 2017고단5678

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2017, at around 23:56, the Defendant was required to respond to the measurement of alcohol by inserting alcohol to a police officer affiliated with the police station D police box of the Sungsung Dong-dong, who was called for drinking, while drinking while driving a lurbbed vehicle C while drinking on the front of the 18-ro 18 Suwon Scup Scup, which was called for a 112-round 112-round July 17, 2017.

At the time, there was the above report, and at the time of dispatch, the defendant was seated in the driver's seat of the above car, not only the defendant, but also the defendant was under the influence of alcohol when she was bread and boomed with snow, so the defendant was under the influence of alcohol.

there was a reasonable reason to determine the person.

Nevertheless, the defendant's refusal to comply with a police officer's request for measurement of drinking without any justifiable reason after leaving the previous driving record.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Application of Acts and subordinate statutes to report the situation of the driver who takes the main place, such as the 112 reported case list, field photograph;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reason for sentencing (the favorable circumstances of sentencing) - The defendant is not good for having failed to cooperate with the investigation of police officers who are performing their legitimate official duties, even though driving after drinking. - The defendant has the record of being punished several times by a fine due to drinking driving. The favorable circumstances - the defendant recognizes all the criminal facts. The defendant has no record of being sentenced to a fine until now. The defendant does not have any record of being sentenced to a fine exceeding the previous time in light of all the sentencing conditions revealed in the trial process in the above circumstances