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(영문) 청주지방법원 2017.07.06 2017고단131
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 11, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws at the Seoul Central District Court, and a summary order of 4 million won for the same crime at the Seoul Northern District Court on July 16, 2007. On December 29, 201, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Seoul Northern District Court on December 29, 201.

On December 29, 2016, the Defendant, while driving a DNA franchise vehicle on the road in front of the Dandong-gu Dandong-gu Cheongju on December 19, 2016, was reported and was driven under the influence of alcohol by the Defendant, such as smelling the Defendant from the light F belonging to the Mandong-gu Cheongdong-gu Ear-gu Cheongdong-gu, Chungcheongnamdong-gu, the Defendant called for.

Although the defendant was requested to inform the defendant of his personal information due to reasonable grounds to determine the person, the defendant's refusal was arrested in the crime of drinking driving by the police officer.

Although the Defendant continued to comply with a drinking test by putting a drinking measuring instrument into a drinking measuring instrument at the Edistrict of the Seongbuk-gu Seoul Metropolitan Government, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan Government, the Defendant refused to comply with a police officer’s request for a drinking test at around 19:23 on the same day, even though he/she received a request for a drinking test at least three times in total for about 30 minutes from that time, and failed to comply with the request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of arresting, reporting on and regulating drinking driving;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has much record of being punished for traffic-related crimes, such as drinking, driving without a license, etc.; and (b) the Defendant repeats drinking and driving without a license; and (c) the police officer’s drinking is measured.

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