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(영문) 춘천지방법원 원주지원 2018.01.11 2017고단817
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 March 11, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, snow, fluoring, and snowing and snowing by a police officer belonging to the said district group, at the cross-section of the original police station located in 200-1, Hanju-dong, Hanju-si, Nowon-gu, 2017.

Although there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking alcohol by inserting approximately 30 minutes in a drinking measuring instrument, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to photographs related to non-measurement of drinking, and photographs related to non-license;

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

1. While committing the instant crime during the period of probation for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, there is a history of criminal punishment more than four times due to a violation of the Road Traffic Act.

The second is against the wrongness.

During the trial, the period of the suspension of the above execution was deadly imposed.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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