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(영문) 서울북부지방법원 2018.08.30 2018고단2716
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2018, at around 07:19, the Defendant was under the influence of alcohol in the section of about 150 meters in front of the apartment complex, but was under the influence of alcohol in the section of about 150 meters in front of the Seoul Jung-gu, the Defendant was under the influence of alcohol in the front of the apartment complex, and was under the influence of alcohol in the direction of “E” located in Seoul Jung-gu. The Defendant was under the influence of alcohol on the ground that the Defendant was under the influence of alcohol in the direction of approximately 150 meters in front of the said apartment complex, and was under the influence of the said vehicle and was under the influence of the said vehicle.

In order to avoid drinking measurement, the Defendant escaped to the entrance of the exit exit No. 5 in the vicinity, and was arrested of the said G, etc. as the current offender of the crime of interference with the performance of official duties. On the same day, around 08:07, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 18 minutes in a police box belonging to the said police station, in a manner that the said police box was put into a drinking measuring instrument over 18 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. CCTV images;

1. Statement of the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Application of enforcement manual statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime, the selection of imprisonment, and the selection of punishment;

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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though the Defendant had been punished several times due to driving of drinking and refusing to measure drinking, again committed the instant crime. There is a need for strict punishment corresponding to the Defendant’s act, and it is not appropriate to take a heavier measure of fine.

Therefore, there is a possibility that the defendant can retire from the workplace.

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