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(영문) 인천지방법원 2019.01.17 2018고단8164

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 31, 2018, around 18:50 on October 31, 2018, the Defendant was demanded several times to respond to the alcohol alcohol measurement by inserting the e-manufactured car from police officers, such as G, etc., in the situation where the U.S. police station F District House was dispatched after receiving a report on the e-mail, by driving a e-manufactured car from around 2km to the front parking lot of the same Gu D building from around 18:50 to the same Gu D building.

At the time, the defendant was snicking, snicking, snicking, snicking, and snicking, while there are reasonable grounds to recognize that the defendant driven while under the influence of alcohol, such as red, he did not comply with the police's request for a drinking test and a drinking test for about 30 minutes without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, images of refusing to measure the drinking of any suspect, copy of the register of use of a drinking measuring instrument, notification of departments related to the report of 112, the register of driver's licenses of motor vehicles, and car

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

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

1. In light of the fact that the crime of running a drunk driving with the reason of sentencing under Article 62-2 of the Criminal Act requires strong punishment for the crime that may pose a serious risk to the life and body of others as well as himself/herself, and that the defendant had been punished for violating the Act on Special Cases concerning the Settlement of Traffic Accidents before, it is necessary to punish the defendant with strict punishment corresponding

However, the fact that the defendant has no criminal record of drinking driving and imprisonment without prison labor or more, and that the defendant has committed the crime of this case while committing the crime of this case, his mistake is divided, etc. shall be considered as favorable to the defendant.