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(영문) 춘천지방법원 강릉지원 2017.11.22 2017고단1104
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2017, the Defendant: (a) driven a B-ho vehicle under the influence of alcohol from around 500 meters in a section of about 500 meters from the front of the Kafin B-leon, which is located in the 44th of Gangseo-si, Gangnam-si, Jin-si, Seoul, to the 6-9 front day of the natural disaster, while driving the B-ho vehicle under the influence of alcohol.

“A police officer who received a report 112 and received a request for a alcohol measurement from C,” was arrested in flagrant offenders under suspicion of refusing to take alcohol measurement, and was compelled to take the police officer’s seat to the Seoung Police Station.

Since then, the police officer requested the defendant to take a alcohol test three times from August 24, 2017 to August 22:42, 2017, but the defendant did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement of the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), an on-site photograph related to refusal to measure the drinking alcohol, and the application of Acts and subordinate statutes to report on investigation

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. Articles 53 and 55(1)3 of the Criminal Act (i.e., reflectiveness and absence of any electricity exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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