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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2343
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 22, 2018, the Defendant driven a motor vehicle under the influence of alcohol by causing a traffic accident while driving Cenz motor vehicle at the entrance of south-gu apartment B at around 23:50, South-gu, Southern-gu, Seoul Special Metropolitan City on August 22, 2018, while driving a motor vehicle under the influence of alcohol and receiving a report on drinking, and driving the motor vehicle under the influence of alcohol, such as drinking alcohol by the Defendant from the Defendant F.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole 15 minutes of drinking, three times between 15 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. 112 Reporting case handling table;

1. A copy of the ledger using drinks for drinking;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. An accident scene photograph;

1. Noncompliance with a drinking measurement and application of Acts and subordinate statutes to a visual closure photograph;

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

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) Defendant was punished three times for traffic-related crimes including drinking driving; and (b) there are considerable records of punishment.

In particular, in 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a crime that includes a light drinking driving.

However, the defendant recognizes his wrongness.

When the defendant is excluded from the suspension of the execution of the above imprisonment, he/she has no record of punishment heavier than the fine.

In addition to these circumstances, the defendant's age, sex, environment, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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