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(영문) 제주지방법원 2018.09.10 2018고단628
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 15, 2018, the Defendant driven a motor vehicle under the influence of alcohol by drinking the front road B located in Seopopo City B at Seopopo City on February 02:15, 2018, where he was under the influence of alcohol, by shocking the E-Apppp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

There is a reasonable reason to determine a person, and even if a police officer requested several times to respond to the measurement of drinking by inserting approximately 16 minutes in total from around 02:47 to around 03:03, he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs measuring drinking;

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

1. Selection of imprisonment with prison labor chosen;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including all the various sentencing conditions specified in the argument of the instant case for the reason for sentencing and observation of protection and order to attend lectures, but in particular, the following circumstances shall be taken into account: The favorable circumstances: the light of the circumstances; and the circumstances disadvantageous to the decision of delay: The fact that there has been a history of having been

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