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(영문) 청주지방법원 2017.10.26 2017고단1344
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 August 29, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic laws (drinking driving) at the Cheongju District Court on August 29, 2013, and a fine of KRW 700,000,000 for a violation of road traffic laws (drinking driving) at the Gangnam Branch of the Chuncheon District Court on December 10, 2008.

On 04:10 on 29, 2017, the Defendant: (a) driven a motor vehicle in front of the Nam-dong Busan Southern Middle School, Seo-gu, Seowon-dong, Seo-gu, Seogju-gu, Seog-gu, and under the influence of alcohol by drinking it; (b) the Defendant sneeped on the face of the police station C District D, etc. with the flow of drinking it; (c) the Defendant snicked on the face; and (d) the Defendant driven a motor vehicle while under the influence of alcohol, such as a rain.

For about 41 minutes, it was required to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument for about 41 minutes due to reasonable grounds to determine a person.

Nevertheless, the Defendant, who did not put the breath of a drinking measuring instrument into the breath, avoided it by means of taking a locked scale, and failed to comply with a police officer’s request for a measurement of drinking without

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, the arrest of the case, the details of enforcement, and the statement under the circumstances of the driver;

1. On-site photographs and photographs refusing to measure drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend a lecture, and the order to attend a community service order: The nature of the crime is very poor that a police officer’s refusal to comply with a police officer’s request for alcohol alcohol measurement under the condition that drinking driving power is on more than two occasions. The o’s mistake is generally recognized as a substitute and reflectivity. o’s other factors of sentencing under

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