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(영문) 청주지방법원 2019.02.14 2018고단2503
도로교통법위반(음주측정거부)등
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

1. On October 12, 2018, the Defendant: (a) around 23:20 on December 12, 2018, the Defendant: (b) placed plastic signboards attached to the outer wall of the said restaurant in drinking and damaged the victim’s property on the street in front of the “Dcafeteria” operated by the victim C in the Cheongju-si Office B; and (c) placed plastic signboards attached to the outer wall of the said restaurant in drinking.

2. On October 12, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) (fluence) on or around October 23:55, 2018, while driving Ebbric vehicle under the influence of alcohol, was demanded to comply with a drinking test by inserting the rear part of the vehicle parked on the street in front of “G” located in a considerable area of the Cheongju City/Gu in front of the Defendant’s vehicle, and making it considerably reasonable to recognize that “the Defendant driven the vehicle under the influence of alcohol, such as drinking, drinking, and drinking, to the Defendant.” From around 0:21 to 0:39 on October 13, 2018, the Defendant was in compliance with the drinking test by inserting the rear part of the vehicle parked in front of “G” located in the area of the Cheongju City/Gu in front of the Defendant’s vehicle.

Nevertheless, the Defendant, while inserting the whole, did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, by evading it by means of “I see why he will do so,” and “I see why he will do so,” etc. to the control police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of loss;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Control note;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 248-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of a punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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