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(영문) 전주지방법원 2018.11.13 2018고단1618
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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 July 15, 2018, the Defendant: (a) while driving a motor vehicle of D A while driving a motor vehicle on the street in front of Jinjin-gu Seoul Special Metropolitan City on the street in front of C on July 15, 2018, the Defendant: (b) driven the motor vehicle with a scopic nature scopic of the Defendant’s vehicle from F of the police box affiliated with the police box of Jinjin-gu Seoul Special Metropolitan City Police Station E, which was called after receiving a report of 112 to drive the motor vehicle on the scopic scopic; (c) was not stopped despite showing a stop signal over ten times; and (d) was driven under the influence

Although it is required to comply with the measurement of alcohol by inserting the breath of alcohol in a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a significant reason,

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Notification of the results of regulating drinking driving;

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 reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for driving under drinking, was refused to measure the drinking while driving under drinking condition.

However, the punishment shall be determined as ordered in consideration of the fact that there is no record of crime exceeding one fine, and all the conditions of sentencing, such as the age and health status of the accused.

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