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(영문) 대전지방법원 2019.05.24 2019고단802
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 2, 2019, at around 23:42, the Defendant was not required to comply with the drinking test by inserting the breath for about 12 minutes from E slope belonging to the Daejeon Busan Police Station D Team, which was required to comply with the drinking test by inserting the breath for about 12 minutes from E slope belonging to the Daejeon Police Station D Team.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes to the traffic accident inspection report, field photographs, reports on detection of a drinking driver, reports on the status of a drinking driver, and reports on the records of the crackdown on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Order to Provide community service and attend lectures is that the defendant was punished by a fine for drunk driving in 2010 and 2016, and the defendant was parked while driving the pertinent alcohol while drinking, and the defendant was placed to the injured borrower and refused to take the measurement thereof. The defendant's age, character and conduct, family relation, motive and circumstance of the crime, means and consequence of the crime, etc., and the conditions of sentencing indicated in the present arguments and records, such as the circumstances after the crime, shall be determined as the order.

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