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(영문) 광주지방법원 목포지원 2018.06.01 2018고단196
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

On March 2, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as snicking a pedestrian crossing the road while driving a rocketing motor vehicle at the front of the C Hospital located at C on March 2, 2018, and having been reported 112; and (b) driven a motor vehicle under the influence of alcohol by the Defendant from F Officer of the Bapo Police Station E box called to the site after receiving a report by 112.

There are reasonable grounds to determine a person, who is requested to put about about 11 minutes into a divers of alcohol so as to respond to the measurement of drinking, and attempted to deviate from the field, and did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (verification of images refusing to measure drinking);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order does not correspond to the police officer's measurement of drinking, and the nature of the crime in this case is not less weak, but the defendant is punished by a fine due to drinking, but the defendant is guilty of being sentenced to a fine due to driving of drinking, and he does not drive under the influence of drinking again.

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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