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(영문) 춘천지방법원 2018.04.18 2018고단162

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 16, 2017, the Defendant was driving at the left-hand side of the Hastren No. Hastren’s car while driving a drinking on the front side of the Cart located in Chuncheon C on November 16, 2017.

The top part of the top part of the E-Operation's line car was the front part of the rocketing car, and the outer wall of the Mat Building was shocked on the right side of the rocketing car.

Defendant A person driving a vehicle under the influence of alcohol, such as smelling and smelling on the face, from a police officer belonging to the F District of the Chuncheon Police Station G, which was called upon 112 report due to the foregoing accident, while under the influence of alcohol by the Defendant.

Since 04:24 on the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument over about 25 minutes from around 04:24 on the same day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes governing police officers' body campaigns dispatched to police officers to report the occurrence of a traffic accident, a survey report on the actual condition, a traffic accident site photograph, a report on the detection of drivers at home, a report on the circumstances of drivers at home, an investigation report (related to the site conditions), an investigation report (related to the site conditions), and an investigation report;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, was the record of being sentenced to each fine for a crime of violating the Traffic Act on Roads in 2008 and 2013, and committed the instant crime even though there was a record of being sentenced to each fine by driving without a license in 2009 and 2014, and the Defendant committed the instant crime.