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(영문) 청주지방법원 2018.11.08 2018고단1718
도로교통법위반(음주측정거부)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2018, at around 05:03, the Defendant driven a drinking alcohol, such as red, inaccurate, smelling, smelling, smelling, drinking, etc., on the face of the Defendant, under the circumstances where the Defendant’s driving vehicle gets informed of the suspicion of drinking on the roads adjacent to 813-dong-gu, Cheongju-gu, Cheongju-gu, Cheongju-si, Cheongju-si, Daun-si, 56-2, Hanpo-si, Mapo-si, 56-2.

As there are reasonable grounds to recognize it, it was demanded to respond to the drinking measurement by inserting four times in a drinking measuring instrument for about one hour.

그러나 피고인은 입김을 불어넣는 시늉만 하고 측정에 충분한 입김을 불어넣지 아니하는 방법으로 위 경찰관의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written opinion and an explanatory note;

1. Investigation reports and investigation reports (investigation reports on the driver's situation of the main driver);

1. Photographs of the refusal to measure drinking;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

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 crime of the judgment on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to an order to attend a lecture or an order to attend a community service order does not constitute a crime of failing to comply with a request for lawful drinking measurement by a police officer dispatched upon receipt of a report. The Defendant has two times the career of having been punished for driving alcohol. Do’s mistake and reflects nature. Do’s other requirements for sentencing under Article 51 of the Criminal Act are comprehensively taken into account

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