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(영문) 대전지방법원 서산지원 2014.11.21 2014고단659
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 June 13, 2014, at around 23:35, the Defendant was demanding the Korea Highway Corporation, which was in the same rith from the mutual influenite to the Man-si Mandong Manuri-si Manuri-si, to take a drinking test by inserting alcohol in a manner of inserting alcohol into a drinking measuring instrument through which the Defendant, upon receiving a 112 report due to an assault, was at the office of the Korea Highway Corporation, was dissatisfied with B and C, who was in the jurisdiction of the office of the Korea Highway Corporation. On June 14, 2014, there was considerable reason to recognize that the Defendant driven while under the influence of alcohol, such as smelling alcohol and drinking on the face of the Defendant from the slope of the D police box of the Jinjin Police Station, who was dispatched to the office of the Korea Highway Corporation after receiving a 112 report due to an assault, and making a red light on the face, from around 00:18 to 00

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a ledger on the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to photographs which a suspect refuses to take a drinking test;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in a large number of persons who have been punished for drunk driving, and the defendant refuses a police officer's request for drinking alcohol again even though he/she had a record of having been sentenced to a sentence due to such a record, and refuses a police officer's request for drinking alcohol again, and the nature of such crime

However, it is the fact that the defendant was aware of the crime of this case, reflects the mistake in depth, and again, he is willing not to drive drinking.

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