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(영문) 춘천지방법원 영월지원 2017.01.10 2016고단356
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 July 8, 2016, the Defendant stated in B’s written indictment in approximately 200 meters at the section of approximately 200 meters from the front road of the Gangseo-si University, which was located in 00:05 to the front road of the Gangseo-si, Gangnam-si National University, GS25, which was located in 7, Gangnam-si, Gangwon-si National Police University, to the front road of the Gangseo-si. However, the Defendant is deemed to be a clerical error.

D. A driver of a set of car

Even if there are reasonable grounds to determine a person, the police officer did not comply with a police officer's demand for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting approximately three minutes from the slope D belonging to the Gangnam Police Station C District for about 22 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the driver who takes charge;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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. 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. Consideration of favorable circumstances, such as the fact that there are twice the previous convictions for the same type of punishment under Article 62-2 of the Criminal Act, the fact that there are the previous convictions for the suspension of the execution of this species (2014) and the fact that there is no past record of punishment exceeding the fine due to the same criminal record, etc.;

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