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(영문) 청주지방법원 충주지원 2018.08.24 2018고단365
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 31, 2018, the Defendant violated the Road Traffic Act (refluence of drinking), while under the influence of alcohol on March 15:32, 2018, the Defendant driven a vehicle to cut down the bposp sprink and drive the front road of the C in the direction of the C in the two-lane from the sprinking side of the Aplow in the face of the Aplow in the direction of the Defendant, while driving the road in the two-lane from the sprinking side of the Aplow in the face of the Aplow in the same direction, followed the E-motor vehicle and the right sprink in the order of the Defendant’s trucking lane in the same direction, after receiving a report on the occurrence of a traffic accident, the Defendant driven the Defendant while under the influence of alcohol, such as under the influence of alcohol.

Since 15:52 on the same day, it was required to respond to the drinking test by inserting the whole part of the drinking measuring instruments over several times from around 15:52 on the same day.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On March 15:30, 2018, the Defendant was driving a vehicle to which the head of the Poter, the head of the Poter, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of the Si, the head of which

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs, etc.;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving or imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures;

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