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(영문) 광주지방법원 순천지원 2018.05.18 2018고단337
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 30, 2017, the Defendant, at the front of the “C” main parking lot located in the “C” in the Net City B around 21:40 on December 30, 2017, driven a D low-priced car while drinking, and parked there at that place.

Eran-low-income vehicle caused an accident, and went away from the scene of the accident, but was returned to the above parking lot around 23:29 on the same day, and the defendant was reported again to the site and was driving under the influence of alcohol, such as drinking, drinking, and snow snowing by the defendant from the slope G belonging to the Fukcheon Police Station of the Namcheon-gu Police Station before called the site after receiving a report that the defendant caused the contact accident.

Although it was demanded to comply with the alcohol measurement by inserting the breath of a drinking measuring instrument due to considerable reasons to determine a person, the police officer voluntarily boarded the back of the patrol vehicle and moved to the F zone along with the above police officer.

On December 30, 2017, the Defendant was requested to comply with a drinking measurement by inserting the measuring instrument into a drinking measuring instrument from the said G in the F District located in Ha on December 23:53, 2017, and received a total of 28 minutes from around 00:21 on the following day, but failed to comply with a police officer’s request for a drinking test without justifiable grounds, even if the Defendant received a total of 28 minutes from around 00:21.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written Statement;

1. Each report on internal investigation (No. 8, 10)

1. Investigation report (related to confirmation of the frequency of drinking alcohol conducted by the person under investigation);

1. A survey report on actual conditions;

1. 112 Reporting case handling table;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of statutes on site photographs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Although the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act reflects the error, it is against the defendant.

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