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(영문) 의정부지방법원 고양지원 2017.04.19 2017고단453
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, while under the influence of alcohol at around 02:30, the Defendant driven a motor vehicle under B’s mother while driving a motor vehicle under the influence of alcohol, and tried to proceed bypassing it from the 55-1 East-1 East High School at the time of strike to the water level of gold village at the 55-1 Eastern High School at the time of strike, and shocked the safety rod installed front of the safety zone.

On January 26, 2017, from around 03:06 to 03:32, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance, smelling at the Defendant’s face, and drinking snicking at the Defendant’s face, within the D police box located in Sariju City from around 03:06 to around 03:32, and having been dispatched to the scene by a report of a director of flachi who observed the

In spite of the fact that there are reasonable grounds to see it, the police officer was requested to take a drinking test by inserting the whole in a drinking measuring instrument three times, but did not comply with a police officer's request for a drinking test without justifiable grounds, such as avoiding it.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on detection of a driver engaged in driving, and a register on the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Article 62(1) of the Act on the Suspension of Execution reflects the error in the reasons for sentencing under Article 62(1) of the Criminal Act; the person driving alcohol and two times prior to driving alcohol (203, 2012), the person causing an accident due to driving alcohol and failing to comply with the measurement; and other conditions for sentencing specified in the argument of the instant case, including the Defendant’s age, sexual conduct, environment, details of the crime and circumstances after the crime, etc.

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