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(영문) 수원지방법원 2018.10.05 2018고단4097
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2018, 22:19, the Defendant, from the front side of the Kamdo cafeteria located in the Shindong of the wife population, driven a motor vehicle in the direction of 6.5km section from the front side of the Dong-ro 299 to the front side of the restaurant in the Dong-ro 299, while driving a motor vehicle with B low drinking in the direction of drinking in the direction of 112 meters away from the 6.5km section of the Dong-ro 29-ro, the Defendant was under the influence of drinking by drinking alcohol reduction from the slope D belonging to the Gam-dong Police Station C Police Station of the Gam-dong Police Station of Yong-dong, the Defendant was under the influence of drinking, such as a flusing, red and inaccurate distance.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing the handling of reported cases, such as a statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, photographs taken on the surface of crackdown, and the application of the table;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

On July 12, 2018, the Defendant committed the instant crime without being aware of the fact that he/she had been punished four times of a fine due to drinking, such as a fine not exceeding 3.5 million won, and driving the instant crime itself.

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