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(영문) 수원지방법원 여주지원 2018.01.17 2017고단1403
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On April 4, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon, and on July 31, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act.

[2] On October 6, 2017, the Defendant: (a) driven a B rocketing car around 23:35, and driven a car at around 376 knife to the front of the 6rd parallel of Gyeonggi-gun at the entrance door of the Gyeonggi Pyeong-gun at the end of the 376th parallel of pyeong-gun to the front of the 6th parallel of the flife-gun, the Defendant: (b) driven a car at around 2km; (c) caused an accident involving the rear knife of the C driver; and (d) caused an accident involving the rear knife of the vehicle at the top of the flife-gun, which was called upon upon receiving the report, from the slope E of the flife Police Station D box of the Gyeonggi-gu, the Defendant snife the knife; and (d) driven a car under the influence of alcohol, such as

On October 7, 2017, from around 00:06 to around 00:26 of the same day, it was demanded to respond to the measurement of drinking by inserting the whole influence of drinking in three times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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. 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. In full view of the circumstances that the defendant with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has been subject to punishment several times, including the same kind of crime, and the favorable circumstances, such as the circumstances that have no record of being subject to punishment heavier than the fine, a sentence like the order shall be imposed.

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