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(영문) 대전지방법원 천안지원 2018.12.20 2018고단2295
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 August 23, 2018, the Defendant: (a) discovered the Defendant, while driving a motor vehicle under the influence of alcohol, such as drinking, by drinking the Defendant, who was seated in the driver’s seat of Drhovir motor vehicle running on the 2,3-lane in front of the new Frown-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, B District Police Station B of the Seocheon-gu, Seocheon-gu, B, in the state where C is in a speed of 2,00 lanes; (b) finds the Defendant who was in a stop on the 2,3-lane.

Even though there are reasonable grounds to recognize that it was possible, from that time until 03:32 of the same day, requests a police officer to comply with the measurement of drinking by inserting the whole of drinking in a manner that makes it difficult for him/her to do so, he/she did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the traffic control of the drinking driver;

1. A ledger using the investigative report and dice measuring instruments;

1. Application of statutes on site photographs;

1. Article 148-2 of the Criminal Act applicable to the crime and Articles 148-2 and 44-2 (2) of the Criminal Act that choose the penalty (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and observation and to take into account the motive of refusing to measure the reason for sentencing under Article 62-2 of the Criminal Act and the history of punishment for drinking driving, etc.;

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