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(영문) 대전지방법원 서산지원 2015.07.10 2015고단437
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 April 5, 2015, at around 20:25, the Defendant was required to comply with the drinking test by inserting two-lanes of E in front of E in front of Jinjin-si, and making it possible to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, from H of the G District District of the Jinjin Police Station where he was on patrol, while driving a F New Jindo-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Nevertheless, under the influence of alcohol, the Defendant avoided it without any justifiable reason and did not comply with the police officer’s demand for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes on field photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. was that the defendant again refused to drive under drinking alcohol and make a request for the measurement of drinking alcohol by police officers, even though he/she had been punished twice the previous records of punishment due to drinking alcohol driving. This does not apply to the nature of such crime that is minor

However, in consideration of the fact that the defendant reflects his mistake, the defendant's age, occupation, criminal record, etc., and the execution of the sentence is suspended as shown in the disposition, but the defendant is ordered to order the defendant to attend social service and compliance driving lecture.

It is so decided as per Disposition for the above reasons.

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