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(영문) 춘천지방법원 강릉지원 2016.06.10 2015고단906
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant reported on July 19:20, 201 to the effect that he driven a sprink passenger car B while under the influence of alcohol at the entrance of the front intersection of the 42-way 19:20, the Defendant driven the sprink at the entrance of the Defendant, and then was sprinked, sprinked, sprinked on the face, sprinked, etc., while under the influence of alcohol.

A police officer in charge requested a police officer to respond to the measurement of drinking on the same day on the same day, around 20:25, around 20:35, and around 20:51 by inserting three times in a total of 20:51, but he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. 112 A list of reported cases;

1. Investigation report (as to the reporter’s statement)

1. Application of each on-site photograph and relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. A sentence shall be imposed in consideration of the fact that the defendant escaped after being investigated into the crime of this case with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below). However, a sentence against the defendant shall be set within the scope of the mitigated sentence, taking into account the place and distance of the defendant's driving, home environment, frequency of the same kind of power, etc.

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