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(영문) 의정부지방법원 2014.02.18 2014고단128
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 27, 2013, at around 02:50, the Defendant: (a) driven a lebbage vehicle B on the road in Jinyang-si, Jinyang-si, 568-19, and caused an accident of shocking the lebs; (b) there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as smelling and smelling red on the face; and (c) even though the Defendant was requested to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes from D, the Defendant did not comply with the demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. A photograph refusing to measure drinking;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the reasons for sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., Article 62-2(1) of the same Act, Article 59 of the Act on the Punishment, etc. of Probation, etc., the punishment shall be determined as per the order, taking into account the fact that a person committed a crime of the same kind continuously, such as being punished three times due to drunk driving, etc., but

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