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(영문) 대전지방법원 천안지원 2018.11.29 2017고단985
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 22, 2017, the Defendant was driving by E while driving a Daco C car while drinking alcohol on the front of the C cafeteria located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

F Driving under the influence of alcohol, such as the shocking and face of the Defendant’s snow from the sloping slope H belonging to the Y of the Y of the Seocheon-gu Northern Police Station G, Seocheon-gu, Seoul, which was dispatched to the site, with the driver’s foregoing vehicle of the Defendant.

There is a reasonable reason to determine the person, and there is no good reason, such as avoiding the demand for responding to the measurement of drinking, even though the person was requested from J District of the Y of the Yanananbuk-gu Police Station in Chungcheongnam-gu I to 02:04 on the same day to 02:35 on four occasions between about 30 minutes and about 02:35 on the same day, to put the person into a drinking-free measuring instrument, the person did not comply with the request without justifiable reasons.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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;

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