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(영문) 춘천지방법원 속초지원 2016.04.15 2015고단628
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for 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 December 10, 2015, around 01:00, the Defendant driven a DNA halog car while under the influence of alcohol, such as the following: (a) 01:00 on the front of the Seocho-si Housing; (b) snicking in the entrance, snicking on the snow and face, snicking on the snow and the face, and snicking without walking; and (c) the Defendant was under the influence of alcohol.

There are reasonable grounds to recognize the same day from G, 01:36 on the same day, 01:46 on the same day, 01:58 on the same day, 02:13 on the same day, and 02:13 on the same day, the police officer of the next police station located in E at the early early of the Republic of Korea, did not comply with the request without justifiable grounds, even though he/she was requested to take a alcohol test at least four times on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place, a written statement of the driver at the main place and a report on internal investigation (on-site conditions, etc.);

1. Application of investigation reports and on-site photographs-related Acts and subordinate statutes to the reporting person;

1. Article 148-2 (1) 2 and Article 44-2 (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 the amount of punishment (Article 55(1)3 of the Act (Article 53 and Article 55(1)3 of the same Act, including the Defendant’s age, sex, sex, environment, family relationship, motive for the crime, means and consequence of the crime, various circumstances, including the fact that the Defendant was punished for a heavier punishment than a suspended sentence, and was punished once for a fine due to driving by drinking at around 209);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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