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(영문) 수원지방법원 성남지원 2018.11.30 2018고단2174
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who drives a cran vehicle.

On September 18, 2018, the Defendant: (a) 01:25 on September 18, 2018, the 825 Republic of Korea International Cooperation Organization (U.S.), which was reported by the police officer, sent to the police officer after receiving a report from the 825 South Korea International Cooperation Organization (U.S.), was driving the said vehicle directly, driving the said vehicle to about 450 meters until the 3-distance from the Singu Sinnam-gu Sinnam-si to the Sinnam-si.

At the time when the Defendant sent a substitute engineer, the Defendant driven a motor vehicle, etc. while under the influence of alcohol, etc., on the ground that the face color of the face was red, string, string, and sound was in a state of string and interesting.

There is a considerable reason to recognize this, and the police officer arrested him.

The Defendant took custody of the instant police box located in Sungnam-si, the Sinnam-si, to comply with the alcohol consumption measurement three times in a total by inserting it into a drinking measuring instrument from F to 01:50 on the same day, from 01:40 on the same day to 01:50 on the same day, but the Defendant did not comply with it 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. Application of Acts and subordinate statutes governing non-measurement of drinking;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. An unfavorable circumstance is that the defendant with reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act has a number of criminal records of the same kind, and it is difficult to eliminate the risk of recidivism.

However, in light of the fact that the defendant led to the crime of this case and expressed his attitude against the defendant, the refusal of drinking alcohol measurement is the first case, and there are some circumstances to take into account the circumstances leading to the crime of this case, and other factors under Article 51 of the Criminal Act, the punishment is determined as per the order.

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