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(영문) 의정부지방법원 고양지원 2016.10.28 2016고단2315
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for 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 August 19, 2016, the Defendant stopped the said car in order to avoid drinking control, while driving the 4-villages car in front of the Hanyang-dong, Mangsan-dong, Goyang-si, Goyang-si, in order to avoid drinking control, while driving the car at the front of the driving direction while under influence of alcohol on the 4-villages road in front of the Goyang-dong, Goyang-si, Goyang-si, the Defendant failed to comply with a request for drinking measurement by police officers without justifiable grounds, even though he was requested three times from 23:32 to 23:59 of the same day by inserting alcohol measuring instruments, and attaching it to the guard traffic of the Gyeonggi Coast Police Station and the Gyeong-gu, the Defendant was found to have driven the vehicle under the influence of drinking, such as smelling, smelling, drinking, making a red light on the face of the Defendant, and making a traffic congestion, etc. from the above D and making it possible for him/her to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report and investigation report of an employee;

1. Application of Acts and subordinate statutes to photographs at the detection site;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the defendant, the record of punishment for drunk driving (three times), the time gap between the date of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history of punishment exceeding the fine, the defendant’s age, character and conduct, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, and circumstances after the crime, etc.

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