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(영문) 청주지방법원 제천지원 2017.05.11 2017고단51
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 February 14:27, 2017, the Defendant was found to have driven a B car under the influence of alcohol at approximately 500 meters from the Do in front of the 252-ro service center at the same time from the Do to the pre-road of the gravel 252.5m of the same city, and was dispatched to police officers upon receipt of a 112 report. From that time, the Defendant was demanded to comply with the drinking-free measurement by inserting the drinking-free measuring instruments three times from the police officers belonging to the Seocheon Police Station C of the 14:57 on the same day, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence or arrest of a violation of traffic laws on roads, and a report on the situation of a driver who takes drinking;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.

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