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(영문) 광주지방법원 순천지원 2018.05.04 2018고단522
도로교통법위반(음주측정거부)
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

On February 5, 2018, around 02:00, the Defendant driven the said BN Scoo in the state of being drunk on the 35-way, dic scoo in front of the dic scoo, and caused an accident where the C-owned D-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

The Defendant driven under the influence of alcohol, such as smelling and smelling on the face of the Defendant, from a slope F belonging to the Net Police Station E (a police box) who was called out after receiving a report at the above place on the same day at around 07:58, the Defendant driven the Defendant under the influence of alcohol.

For about 20 minutes, it was required to respond to the measurement of alcohol by inserting the whole breath of alcohol in four times for about 20 minutes due to considerable reasons.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant has a criminal record of a fine due to driving under drinking alcohol once, while the Defendant reflects the Defendant, the Defendant’s age, sex, family relationship, environment, circumstances, and results of the crime, and other circumstances revealed in the pleadings of the instant case, including the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.

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