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(영문) 대전지방법원 2018.02.22 2017고단5126

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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 November 21, 2017, the Defendant driven a vehicle under the influence of alcohol at a Sejong Police Station C police box located in Sejong City B at around 00:20 on November 21, 2017, and while under the influence of alcohol, such as smelling, smelling, and smoking.

Even though there is a reasonable reason to designate a person who was arrested by a flagrant offender from D who was arrested by the police officer assigned to the scene of a traffic accident after receiving a report of 112, and was requested by the above police box to comply with the measurement of drinking alcohol by inserting approximately four minutes during the period of 21 minutes at the above police box, the police officer did not comply with the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Report of a traffic accident (inspection report on actual condition), photographs related to drinking accidents and refusal to take measurements, notification of the results of crackdown on drinking driving, report on the situation of the driver under the influence of alcohol, register of measuring instruments using drinking alcohol, investigation report (investigation, etc. into seized black chips), investigation report (investigation into CCTVs at the time of the accident), application of Acts and subordinate statutes;

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 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing specified in the arguments of this case shall be determined as ordered by taking into account the following circumstances: the observation of protection and order of community service, order of education, and order of education under Article 62-2 of the Criminal Act, and other conditions of sentencing as ordered.

Unfavorable circumstances: The fact that a person commits another crime of the same kind even though he/she had the past record of being punished for driving alcohol, the fact that he/she committed the crime of the same kind, the act of refusing to measure drinking without any justifiable reason after driving alcohol is more favorable than the case of driving under ordinary drinking: The fact that he/she made a confession, the fact that he/she has no record of criminal punishment heavier than a fine, and the fact that he/she has