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(영문) 춘천지방법원 강릉지원 2018.12.20 2018고단1097
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 September 16, 2018, the Defendant driven a K3-car on the road front of the south of the south of the south of the city of Gangseo-gu, Gangnam-gu, J. 201 and set up the said vehicle on the side of the road, which is located in the south of the south of the city of Gangseo-gu, Gangnam-gu, the Defendant: (a) was driving the said vehicle on the side of the road; (b) the vehicle 21:45 on the same day goes beyond the central line; (c) the driver stopped on the road; and (d) was driving the vehicle in the driver’s seat; and (b) the driver was driving the vehicle while under the influence of alcohol, such as drinking in the Defendant’s entrance from the situation where the vehicle belongs to the district unit of the Gangnam Police Station B of the Gangseo-gu Police Station, which was called upon 112 report, was snick, breadddd with the Defendant’s snow, breadd with the body immediately, and

There are reasonable grounds to recognize it as a drinking measuring instrument, so that it was demanded to measure drinking by inserting it into a drinking measuring instrument.

Nevertheless, the Defendant alleged from 21:45 to 21:49 on the same day that “it is difficult to see why he/she has not driven” and did not comply with a police officer’s request for the measurement of alcohol 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. 112 Reporting case handling table;

1. A report on investigation;

1. A report on investigation (in cases of attaching site photographs, etc.);

1. Investigation report (reporter and proxy driver's telephone, etc.);

1. Investigation report (on-site inspections, CCTV confirmations, etc.);

1. Application of the Acts and subordinate statutes to investigative reports (Attachment to photographs at the scene of refusal to measure 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. 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 sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

The favorable circumstances:

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