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(영문) 인천지방법원 2016.09.22 2016고단3957
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, smelling it on the face, while driving the motor vehicle BM5 on the front of the SM5 on the road near the SM5 street in the vicinity of the Seo-gu Incheon, Seo-gu, Incheon.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole 30 minutes of drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (including cases where he/she repents his/her mistake late, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that, even though there were two-time criminal records of driving under the influence of alcohol, it may be problematic whether the Defendant would be under drinking under the Road Traffic Act, it would be very poor that the Defendant committed the instant crime in which he had driven a motor vehicle but has refused to make a legitimate request for measurement of drinking by the police officer under the Road Traffic Act several times. However, although the Defendant was under medical treatment due to depression caused by business failure, depression caused by business failure, yellow disorder, etc., and thus, he would be likely to have caused the instant crime in which the license of the special motor vehicle (bitr) recently acquired at a low level would have been revoked and could not be employed. The Defendant’s late late.

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