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(영문) 청주지방법원 2018.12.14 2018고단679
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as “C” in front of “C” precious metal located in Cheongju-si, Cheongju-si, and “A driver is aboard,” in receipt of a report from “A driver,” the circumstances belonging to the D District of the Police Station equivalent to the Chungcheongbuk-si, E slopeF, and the Defendant snife and snife the face of the Defendant, and he driven a motor vehicle under the influence of alcohol.

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking in a manner that puts the person in a breathm, 04:41, 04:47, 04:53, and 04:58 four times in total.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), notification of the results of regulating drinking driving, arrest report of the case, internal investigation report, site and application of statutes

1. Relevant Articles 148-2 and 148-2 (1) 2, and 44-2 (2) of the Road Traffic Act, imprisonment for a crime (a person who has no record of driving under drinking, but has no record of driving under drinking, etc.) and the risk of repeating a crime, such as peeping at the time of light in light of the details and attitude of the crime, etc.;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a person who has no record of driving under drinking, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the point that has no record of driving drinking, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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