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(영문) 제주지방법원 2019.06.12 2018고단1295
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 31, 2017, the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act at the Jeju District Court on October 31, 2017, and the judgment becomes final and conclusive on November 8, 2017, and is currently under probation.

On October 6, 2017, the Defendant was demanded to respond to the measurement of drinking in a manner of injecting alcohol, such as: (a) the Defendant was under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that he was under the influence of alcohol, such as: (b) around 19:30 on the 19:40 of the same day; (c) the police box of the Jeju East Police Station, which received a report and sent on the road; and (d) the Defendant was seated in the vehicle while turning on the starting of the Enba car; and (d) the Defendant was able to have a large amount of snife, snife, snife, snife, snife, snife, and siffe, s

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Related photographs, investigation reports (No. 13 No. 13 of the evidence list), investigation reports (on-site reports), and on-site photographs;

1. Previous records: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (the fact that a suspect is under probation period);

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. The latter part of Articles 37 and 39 (1) of the Criminal Act processing concurrent crimes (trade between the crime and the violation of the Road Traffic Act, for which judgment becomes final and conclusive on November 8, 2017);

1. The Defendant had already been punished twice by a fine due to drunk driving prior to the instant case, for the reason of sentencing under the latter part of Article 39(1) and Article 55(1)3 of the Criminal Act (the mitigation following the handling of concurrent crimes), and was punished by a suspended sentence of imprisonment for a period of up to 2013.

Nevertheless, the defendant was driving again in August 2017, and the case was being tried due to it.

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