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(영문) 대전지방법원 2018.04.12 2018고단399
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 28, 2017, the Defendant: (a) driven the Defendant under the influence of drinking, such as drinking alcohol, drinking alcohol, and drinking alcohol, from a policeman F belonging to the Daejeon Seodong Police Station E District, who was called the site after receiving a report on 112, caused an accident of shocking other vehicles parked in the D hotel No. 3 located in Daejeon Seo-gu, Daejeon, Daejeon, Daejeon, by causing an accident of shocking other vehicles parked therein; and (b) the Defendant was driving the Defendant under the influence of drinking, such as drinking alcohol and drinking alcohol from a policeman F who was called the site.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰관의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of the scene of an accident and a report on the arrest of the incident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

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. 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. Despite the fact that the reason for sentencing of Article 62-2 of the Social Service Criminal Act was four times the driving force of drinking alcohol, the crime is not good and the circumstances are not good.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant's age, sex, family relationship, risk of recidivism, etc.

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