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(영문) 대전지방법원 2017.02.15 2016고단3224
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 November 10, 2006, the Defendant was sentenced to a fine of 3.5 million won by violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Eastern District Court, and on December 19, 2008, the Defendant was sentenced to a fine of 2 million won by committing a violation of the Road Traffic Act (driving) at the Jung-gu District Court.

On September 1, 2016, 06:25, the Defendant stopped at the front of the stop at a point 371km south of the parallel of the expressway at around 06:25 on September 1, 2016, while driving on the road at the intersection, the Defendant stopped while driving on the 5-lane.

CAWn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, a police officer, who was dispatched to the site after receiving a report, has a considerable reason to drive a vehicle under the influence of alcohol, such as a brea-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing and

Accordingly, the defendant was requested from police officers to 06:05 on the same day at least three occasions from 06:25 to 06:25 on the same day, but did not comply with a request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes on control field photographs;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures: The case is one of the cases of refusing to measure alcohol although the police officer was requested to measure alcohol alcohol at the fourth-lanes of five-lanes while driving on an expressway after having been reported as being temporarily parked on the expressway; the circumstances favorable to the two-lanes of the record of the crime of driving alcohol: the confessions and reflects the fact that all the records of the crime of driving alcohol are fines; the decision of sentence that the above records of the crime of driving alcohol are all the records of the crime of driving alcohol: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime;

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