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(영문) 대전지방법원 천안지원 2018.06.15 2017고단2877

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

around 01:00 on October 1, 2017, the Defendant, while driving and operating Dbents in the penta-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, in order to purchase the water, became an F convenience store in Seocheon-gu E in order to purchase the water, and as such, G, who is the convenience store customer, was assaulted by G on the ground that the said convenience store customer “G is bad.”

On October 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face, by a police officer affiliated with the I District Police Agency of the Y of the Y of the Y of the Y of the Y of the YY of the YY of the YY of the YY of the YY of the YY of the 112 reported, while driving the motor vehicle in the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded by around 01:57 of the same day to respond to the measurement by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing by smugglinging a drinking measuring instrument, and thus did not comply with such demand without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. G self-statements;

1. A copy of the statement report on the situation of the driver in charge of driving, investigation report (report on the situation of the driver in charge of driving), and the register using the drinking measuring instruments;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment, and the choice of a sentence;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for the imposition of punishment under Article 62-2 of the Criminal Act is a very dangerous crime that may cause the occurrence of traffic accidents by raising the possibility of occurrence of traffic accidents, and thus, not only is the principal but also the life and the family of others, and even in order to prevent this, the Defendant has a strong responsibility for the relevant acts, and the Defendant has a record of being punished three times by a fine for drinking driving around around 201, around 201, around 201, around 201, around 2013, and around 2014.