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(영문) 광주지방법원 해남지원 2019.06.20 2019고단131
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 01:50 on March 21, 2019, the Defendant driven a B-learning car on the two-lane road located in the ambari in the frontnam-west, the west-west-west, the west-west-west, and went to the inside of the west-west from the west-west side. The Defendant was discovered to the police officer who was dispatched after receiving 112 a report, and was found to have driven under the influence of alcohol, such as smelling and smelling on the face, and was arrested as a flagrant offender of the drinking driving and carried out the D police box in the south-west-west, the west-nam Police Station in C.

On March 21, 2019, at around 02:05, the Defendant was demanded by the police box around 02:05 to respond to the measurement of alcohol by inserting approximately 15 minutes in a manner of inserting the whole breath of drinking meters from E.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. On-going statement of a drinking driver, detailed statement of control, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished by a fine due to drunk driving on March 29, 2019; (b) the Defendant was under the influence of alcohol driving; (c) the Defendant committed the instant crime by driving under the influence of alcohol; and (d) the Defendant was driving on the road in the course of driving under the influence of alcohol; (c) however, the Defendant’s perception of the Defendant’s crime and the Defendant’s mistake, and the Defendant did not have any history of punishment exceeding the suspension of the execution of imprisonment; and (d) the Defendant’s age, character, environment, motive, means and consequence of the crime; and (c)

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