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(영문) 대전지방법원 홍성지원 2018.06.12 2018고단265
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2018, at around 20:50, the Defendant driven the said vehicle under the influence of alcohol by the Defendant, such as: (a) having driven the said vehicle under the influence of alcohol, while driving the Cysta in a 4km section from around 112 meters in a state of alcohol, from the front of the Scping site in the Scping Station in the Scping Station in the Scping Station in the Scping Zone in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun; (b) having been driving the said vehicle from the slope E of the Hongsung Police Station D box sent to the site, and having the Defendant take a fribly, by: (c) having fluencing the alcohol; (d) having the body of the Defendant and flucing the horses; and (e) having been under the influence of alcohol.

Due to reasonable grounds, 21:23 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole in a measuring instrument for light drinking on the same day.

Nevertheless, the Defendant is not subject to a fine for farming death in the Republic of Korea;

Attorney Sah, “Ish”, “Ish's Mah's Mah's Mah, I do not measure it.

The police officer did not comply with a police officer's request for a measurement of drinking without any justifiable reason, stating that he/she will take a fine even if he/she is punished by a fine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detailed statement report and control report of a driver placed in the main place;

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, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

An unfavorable circumstances: The normal circumstances that are favorable to the others (2005, 2008, 2010) that have three times the history of punishment due to drinking driving (2005, 2008, 2010): The fact that there is no record of punishment exceeding the fine;

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