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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단828
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2017, the Defendant: 23:01, at S restaurants located in R on March 7, 2017; and 3:01, the Defendant: (a) “A drinking person fright.”

“A third-party police station Twit box, who received a report, returned to Korea by a assistant U, etc. to which the police box affiliated with the police station called up after being called up, and returned to Korea, and returned to Korea after finding the above restaurant, and again, while driving a V rocketing car parked on the front of the above restaurant while driving the V rocketing car parked on the road before the above restaurant, “the person gets to go back to Korea.”

“A person driving under the influence of alcohol, such as where, upon receiving a report on 112, the Defendant sniffly sniffly sniffly, and gly sniffly with red shocks, etc.

When a person was requested to leave the vehicle due to reasonable grounds to determine the person, he/she was arrested as a flagrant offender in violation of the Road Traffic Act (drinking driving) by leaving the site. From 23:53 on the same day to 00:07 on the following day, he/she was demanded to comply with the measurement of drinking by inserting the breath of a police station T box in a manner of inserting the breath during three times from a slope U, etc. for about 14 minutes from around the following day.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of X;

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

1. Application of the relevant photographs, CCTV images CD-related Acts and subordinate statutes;

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. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The confession and reflectivity, and the short distance of driving under the influence of alcohol is less unfavorable: The fact that there are five times in total the records of punishment for driving under the influence of alcohol;

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