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(영문) 서울동부지방법원 2018.06.21 2018고단1257
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant is under the influence of alcohol, such as drinking, drinking, walking, drinking, and snowing on the front road around February 24, 2018 at around 00:42 around February 24, 2018, while driving a fluoring car, approximately 11 km from the front of the Incheon Bupyeong-gu Office to the front road of the Incheon Bupyeong-gu, Incheon.

For reasonable grounds to determine a person, the police officer of the Bupyeong-gu Police Station E (a police box belonging to the patrol station) was required to conduct a drinking test by inserting the dice G belonging to the Bupyeong-gu Police Station in order to put the dice in a dice measuring instrument for drinking.

Nevertheless, the defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided the measurement, such as a drinking, and did not comply with the measurement of the police officer's drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a photograph by reporting the situation of driving at home, reporting on the detection of a driver at home, and cutting down booms of patrol cars and images;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that a person has been subject to punishment twice due to a violation of road traffic laws: One's mistake is divided and reflected, and the defendant's age, sex, motive, means and consequence of the crime, and the conditions of sentencing specified in pleadings, such as the circumstances after the crime, etc.;

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