(영문) 전주지방법원 2017.10.24 2017고단535

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.10.24 2017고단535

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 March 19, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling on the face, by driving the motor vehicle on the front side of the front side by Cgallon-ro, and driving the motor vehicle on the opposite side of Cgallon-gun, while drinking on the front side. The Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling on the front side of the front side of the police station assigned to the site by driving the motor vehicle on the opposite side.

For a considerable reason to determine a person, he/she received a request for a measurement of drinking on several occasions from 12:54 to 13:27 of the same day, but avoided this request and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (related to refusing to measure drinking);

1. Statement of the circumstances of the driver involved in driving;

1. Relevant Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act, the choice of punishment for a crime subject to the actual condition of traffic accidents and the application of Acts and subordinate statutes, and the choice of imprisonment;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of the probation of Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity under Article 62(1) of the Act on the Suspension of Execution of Article 62-2 of the Criminal Procedure, even though the defendant had already been punished by a fine or by a suspended sentence due to the refusal of drinking and the measurement of drinking, causing a traffic accident while driving at once, and refusing to demand a measurement of drinking; on the other hand, the defendant was hospitalized in a hospital due to mental illness, etc. and currently under medical treatment; and other various circumstances, such as the defendant's age

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