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(영문) 전주지방법원 2017.12.05 2017고단1746
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 12, 2017, at around 18:30, the Defendant driven G Yabab while under the influence of alcohol on the roads of Dancebabs in front of the Jinan-gun of North Korea, “the Defendant was under the influence of alcohol to avoid an disturbance by getting off and getting off Yabab” upon receipt of a report 112, the Defendant driven G Yabab while under the influence of alcohol, such as smelling to the Defendant from F for the patrol box of the Jinan police station called out after receiving a report by 112.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, without justifiable grounds, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

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

1. Application of Acts and subordinate statutes to investigation reports (report on the situation of a main driver, investigation reports related to refusal to measure drinking, and refusal to measure drinking, and attaching CCTV images of suspect operational routes to such documents);

1. Selection of a sentence of imprisonment with prison labor under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantity is that the defendant, who had been sentenced to punishment due to driving of alcohol on a multiple occasions, has also refused to demand a measurement of drinking, even though he/she had been sentenced to punishment due to driving of alcohol on a multiple occasions, and the defendant's age, occupation, living environment, accident circumstance and result, etc. are dismissed in consideration of various circumstances

1. On August 26, 2017, the summary of the facts charged lies in the victim J (65 years of age) who is located in JJ (65 years of age) in Chungcheongnam-gu Seoul Special Metropolitan City on the following day from the injured party, and thus, the Defendant took a bath to the victim on the ground that he was aware that he was her only drinking, and that he was her drinking, and that he was she was her drinking, the Defendant took a bath to the victim, “I am I I am, I am, I am, I am, and I am dead, I am the victim’s flab, and sick.”

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