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(영문) 대전지방법원 공주지원 2019.10.18 2019고단284
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 1, 2019, at around 23:20, the Defendant, after drinking alcohol from “C” located in “A” in “A” to the front of the Defendant’s residence on the road from front to the front of the road located in D, was required to comply with a drinking test by inserting alcohol twice in the Defendant’s residence from “A to the front of his/her residence.” The Defendant received a report from “A under the influence of alcohol,” and there is a reasonable ground to recognize that the Defendant driven under the influence of alcohol, such as the Defendant’s string and booming red on the front and face, from G belonging to the F District Unit of the Public Police Station of the State Police Station of the State Police Station called “A so that he/she was under the influence of alcohol.”

Nevertheless, the defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument, and the defendant refused to comply with the request for a drinking-free measurement by police officers without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Control note;

1. The user ledger of the measuring instruments for drinking;

1. Application of statutes on site photographs;

1. The sentence of imprisonment shall be imposed, considering the fact that the 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; hereinafter the same shall apply); and the fact that the criminal defendant committed a second offense on three occasions with the reason for imposing the sentence of imprisonment within a short time, even though he/she had committed a second offense, and the sentence shall be determined as per the order, comprehensively taking into account the following factors: the defendant’s age, character and behavior, environment

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