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(영문) 인천지방법원 2018.08.29 2018고단4962

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

At around 19:00 on June 19, 2018, the Defendant, while driving a drinking-free car in front of the D D's specialized construction site in Seo-gu Incheon, Seo-gu, Incheon, was parked after receiving the part on the left-hand part of the G F's motor vehicle parked by F as the lower-hand part of the E's motor vehicle, and then, the above F driven the above E's motor vehicle in front of the I H located in Seo-gu Incheon, and then reported the above E's motor vehicle to 112 as the suspicion of drinking driving.

Accordingly, the Defendant, at around 19:25 on the same day, driven the Defendant while under the influence of alcohol, such as snicking and snicking red on the face, after voluntarily accompanying the police station of the Incheon Western Police Station J District to the said J District, while driving the Defendant under the influence of alcohol, along with K of the police station of the Incheon Western Police Station.

If there are reasonable grounds to determine a person, he/she was requested to comply with a drinking test by inserting the whole in a one-lane drinking measuring instrument, but he/she did not comply with it on three consecutive occasions on three consecutive occasions, but requested to comply with a drinking test by the above method, such as around 20:05 on the same day, around 20:13, and around 20:27 on the same day, but did not comply with it.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where a defendant fails to comply with a police officer's request for measurement of drinking without any justifiable reason, and the crime is not less vulnerable to the nature of the crime, and the defendant is driving and driving under the influence