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인천지방법원 부천지원 2018.10.11 2018고단2131
도로교통법위반(음주측정거부)
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A defendant shall be punished by imprisonment for not less than eight 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 4, 2018, the Defendant was asked to comply with the alcohol measurement by inserting the breath in the influence of alcohol, on the ground that: (a) the Defendant driven a 26-way 205-way 26, Paundong apartment in front of the Saundi apartment apartment in Korea-do; (b) the Defendant was under the influence of alcohol, on the ground that the face of the red, stringing of the face is so big that the Defendant was drinking, and becomes a breath in the influence of alcohol; and (c) the Defendant was under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer E’s demand for alcohol testing on three occasions between 04:05 and 04:15 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The ledger using the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes concerning the photographic image of black stuffs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Defendant not only driven alcohol but also refused to comply with a police officer’s legitimate request for measurement of drinking, and the nature of the crime is very poor.

As a matter of charge, the representative driver stopped on the road and asked the defendant to assist the police, but the defendant refused to take a bath and move to the police officer who helps the defendant, and eventually, the driver was driving the drinking in this case. There are no circumstances favorable to the situation.

There are two times the records of punishment of fines for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

Other records and changes, such as the means of crime, driving distance, and circumstances after the crime, are revealed.