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(영문) 인천지방법원 2016.01.28 2015고단7878
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car car.

On November 29, 2015, at around 06:00, the Defendant driven the above vehicle while under the influence of alcohol at the sular distance intersection as a funeral of Bupyeong-gu Incheon Metropolitan City, and was exposed to D to police officers belonging to the Incheon Samsan Police Station C District Unit, in violation of the signal from the direction of the Samsan Police Station to the Samsan Sports Officer.

Defendant 1 driven while under the influence of alcohol, such as he/she is fluoring a face and snow, smelling in the process of regulating the above signal violation, and smelling in his/her entrance.

If there are reasonable grounds to determine a person, the police officer E of the traffic safety department in the Incheon Samsan Police Station did not comply with the request without justifiable grounds, even though the police officer E was requested to measure drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) are not only three times, but also three times, and the defendant was sentenced to a punishment in consideration of the fact that he/she refused to measure drinking even though he/she had the record of the suspension of the execution of imprisonment with labor.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the crime, and the age, sex, environment, circumstances leading to the crime, means and methods of the crime, results, and other conditions of sentencing, such as the circumstances after the crime, etc.

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