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(영문) 춘천지방법원 영월지원 2019.02.19 2018고단468
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2, 2018, at around 23:55, the Defendant driven a f-free car with drinking alcohol in about 1 km section from the front of the C-Medical Center funeral hall located in Gangwon to the front road located in D through the front road of the C-Medical Center funeral hall, to the front road of the C-Medical Center funeral hall.

On November 3, 2018, the Defendant received a report on a drunk driving at around 00:11, and received a report on a drunk driving, and received a demand to comply with the test of alcohol by inserting approximately 10 minutes of alcohol in a manner that makes it possible for the Defendant to be deemed to have driven under the influence of alcohol, such as the flow of alcohol, smelling, rhhing with snow, hyming, rhhing, and rhing the string of the G District at the Gangwon-gu Police Station G District, which was called ahead of the said funeral hall, and the Defendant was found to have driven under the influence of alcohol.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Six copies of a report on internal investigation (with regard to control circumstances) and a photograph;

1. 112 reported case handling table;

1. Application of investigation reports (verification of the section and distance of driving) and Chapter 1 Internet Guidance 1 Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant’s refusal to measure drinking alcohol and its contents are not good; (b) the Defendant’s unfavorable circumstances such as the fact that he was punished for drinking driving; (c) the Defendant recognized the instant crime; and (d) favorable circumstances such as the fact that there was no record of punishment exceeding the fine; and (c) other favorable circumstances such as the Defendant’s character and conduct, the environment, motive, means and consequence of the crime; and (d)

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