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(영문) 광주지방법원 2017.05.25 2017고단2
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 5, 2016, at around 23:25, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument three minutes for about 30 minutes on the ground that, after driving a motor vehicle at the intersection of Sast Sast-distance in the sub-lease in Gwangju Northern-gu, Gwangju-gu, the Defendant reported that he will boom the head at the driver’s seat and drive the motor vehicle, and the Defendant received a report from the police officer E belonging to the Police Station D District in Gwangju-gu, Police Station D of Gwangju-gu, on the ground that the face is shocked and the face is shocked.

Nevertheless, the Defendant avoided the measurement of drinking alcohol by rejecting it.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. A report on investigation (verification of CCTV, etc. in the status of detection);

1. Investigation report (recording images at the time of refusal to comply with measurement of drinking);

1. A report on investigation (a statement of witness in the 119 mobilization by telephone) (applicable to statutes;

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

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

(b) Unfavorable conditions: The crime of this case is committed even if the person was sentenced to a suspended sentence on two occasions due to drinking alcohol driving, and the person was sentenced to a suspended sentence on the grounds of refusal to measure drinking alcohol in 2013;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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