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(영문) 제주지방법원 2017.11.02 2017고단1564
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 May 30, 2008, the Defendant received a summary order of a fine of one million won for a crime of violating road traffic laws at the Jeonju District Court on May 30, 2008, and a fine of three million won for a crime of violating road traffic laws at the Ulsan District Court on March 13, 2015.

On April 24, 2017, when the Defendant was under the influence of alcohol on April 24, 2017, the Defendant driven a b-faculing car at around 04:15, while driving the b-faculing car, and came to be locked at one-lane fach in the beginning of the new market, and was under the influence of alcohol, such as smelling at one-lane.

There is a reasonable reason to designate a person, and even if the police box C of the Western Police Station was requested to respond to the measurement of drinking by inserting the whole of it into drinking measuring devices several times from D police officers assigned to the police box C of the Seocho Police Station, "a person has been on duty."

V. L. K. L. L. L. L. L. L.W. :

will not be the case.

“..........”

As a result, the defendant did not comply with a police officer's request for alcohol testing 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. Investigation report (report on the situation of the driver in charge); and

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include all the conditions of various sentencing specified in the argument of the instant case on the grounds of protection observation, attending order, community service, and sentencing. In particular, the following circumstances should be taken into account: (a) reflects: (b) there is no history of crime subject to punishment exceeding a fine; (c) there is no record of crime subject to support for minor children; (d) there is an unfavorable circumstance that a person has already been punished twice due to a violation of the Road Traffic Act, even though he/she has already been punished two times; (b) the Defendant was under the influence of alcohol to the extent that he/she was under the influence of alcohol without stopping on the road of the first line; and (

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