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(영문) 전주지방법원 군산지원 2014.08.07 2014고단515
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 19, 2014, the Defendant: (a) while driving a gallon vehicle in the E gallon in the state of drinking, the Defendant was required to respond to a police officer’s demand for alcohol measurement by inserting approximately 25 minutes of alcohol measuring instruments through a ballon of the Jeonbuk Northern Police Station, while driving a gallon vehicle in the E-gallon in the state of drinking on May 22 and 57, 2014; (b) there was considerable reason to recognize that the Defendant driven the ballon in the state of drinking by drinking from the slope G belonging to the Police Station of the Jeonbuk Northern Police Station in the state of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of the circumstantial statement of a drinking driver, the ledger using a drinking measuring instrument, and the Acts and subordinate statutes governing the control site photographs;

1. Article 148-2(1)2 and Article 44(2) of the Criminal Act regarding criminal facts, Articles 148-2(1)2 and 44(2) of the Criminal Act concerning the selection of a sentence, the reason for sentencing of a sentence of imprisonment with prison labor is four times, including the suspension of the execution of imprisonment, due to drinking driving since 2001, and the defendant again committed the crime in this case despite the past record of being punished twice as a result of refusal to take a drinking test. Since it is necessary to give the defendant an opportunity to reflect by detention, the defendant needs to be sentenced to imprisonment with prison labor, and the defendant disposes of and repents his vehicle, the recent refusal of drinking driving and a drinking test is related to a relatively minor case, and the family support his family, etc. is to be sentenced as

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