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(영문) 의정부지방법원 고양지원 2015.04.10 2015고단57
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2015, at around 23:11, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as making the Defendant snife, snife, snife, snife, snife, snife, snife, snife, snife, snife, snife, snife, snife, snife, etc., a drinking measuring instrument that was driven under the influence

Nevertheless, the Defendant did not make a false statement that he did not drink, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to photographs refusing measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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 is that the defendant was punished twice by a fine for violating the Road Traffic Act in 2003 and 2010.

The defendant shows his attitude against the defendant, and is a family member to support.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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