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(영문) 제주지방법원 2020.09.04 2020고단1412

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 19, 2020, the Defendant reported on May 18:35, 202 at the farm located in the Jeju-si, “Aplow driver is suspected of drunk driving,” and sent to the site by six persons, including E, etc., of the Jeju-gu Police Station D police box belonging to the Jeju-gu Police Station D police box, he was called “B,” and the Defendant was under the influence of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking rice, and drinking on the face without a justifiable reason, and that there was a considerable reason to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, etc., from 18:46 to 18:56 of the same day, the Defendant did not comply with the demand of a police official to take a drinking test by inserting a drinking measuring instrument three times in a non-driving manner, and did not comply with the demand of a police official for a drinking test.”

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A statement prepared in the F;

1. Statement of the circumstantial statement of the driver of the police station, investigation report (report on the circumstances of the driver of the police station), inquiry into the results of the crackdown on the driving of alcohol, and entry into the next whistle; and

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., 【Scope of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act,” and Article 69 of the Act on Probation, Etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act, 【Discretionary mitigation’ from 6 months to 2 years and 6 months (Discretionary mitigation) : the defendant is punished by a fine against the Road Traffic Act from the Jeju District Court on May