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(영문) 청주지방법원 영동지원 2019.08.29 2019고단86
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2019, at around 16:33, 2019, the Defendant was driving a B-to-pur vehicle at the 1, Dong-dong 1, Young-dong 1, Young-dong 1, Young-dong 1, 2019, and C was parked there.

The Defendant, upon receiving a report 112, has reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking, such as smelling, snicking, and routing off, etc. from F in the region belonging to the Yeongdeungpo Police Station E-gu, the Defendant, who was called up upon the receipt of a report, and was demanded to comply with a drinking test by inserting about 16 minutes in four times during the influence of alcohol, refers to the Defendant’s failure to comply with the drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to any photograph refusing to measure drinking, and any circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [unfavorable circumstances] is that the crime of this case is not followed by the police officers dispatched after receiving a report by the defendant who driven a drinking alcohol, and the nature of the crime is not easy, and the defendant has a record of being punished by a fine due to detection of drunk driving.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

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