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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1892
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2019, around 22:56, the Defendant: (a) driven a spke car in front of 1827 from the Suyang-gu Hoyang-gu Hoyang-gu Hoyangyang-gu under the influence of drinking on the front of 1827, and stopped in the right-hand turn in the right-hand direction from the sprink in the right-hand direction, and caused a traffic accident in which the sprink part of the vehicle stopped in the right-hand direction from the sprink in the right-hand direction while driving on the two-lane in the right-hand direction; and (b) the Defendant was demanded from D through the process of the police box of the Goyangyang-gu Police Station, who was dispatched to the site upon receipt of the report, to put the sprink part of the vehicle into the front-hand part of the spke car and have been driven under the influence of alcohol on the face of the Defendant, and accordingly, from 23:16 to 23:32 on the same day, to 16 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstance of a drinking driver, and application of Acts and subordinate statutes to criminal investigation report;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the ground of sentencing in Article 62-2 of the Criminal Act is not that the defendant committed the crime of this case on the ground of sentencing in Article 62-2 of the Order to Attend, which causes an accident that leads to shocking vehicles in the atmosphere while driving a vehicle on the 66th page of the evidence record, and that the crime

The defendant.

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