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(영문) 인천지방법원 부천지원 2017.04.27 2017고단685
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 February 23, 2017, at around 01:34, the Defendant had received 112 reports from the Defendant to the effect that the Defendant would have driven a Cpolog vehicle in the state of drinking, and at the time, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling, snicking, snicking, snicking, snicking on the face, etc.

There are reasonable grounds to determine a person, despite the demand of the defendant to respond to the measurement of drinking by inserting approximately 30 minutes of drinking alcohol in the manner that the D District Assistant E called the above 112 report and sent out after receiving the above 112, he did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F (List 5);

1. The circumstantial report on drivers of drinking alcohol (list 2), the ledger on the use of alcohol measuring instruments (list 3), and the actual sulfur survey report (list 9);

1. Application of photograph (List 10) Acts and subordinate statutes;

1. The punishment provided for in the relevant Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act and the imprisonment with prison labor for an optional crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, and Article 62-2 of the Act has no criminal record of confession, reflectivity, or any other criminal record of suspension of execution) and the circumstances unfavorable to the defendant (in spite of the criminal record related to traffic, including the criminal punishment committed on three occasions due to drinking driving, the police officer dispatched to the site for a traffic accident caused by the occurrence of the traffic accident without any justifiable reason. In order to prevent the recidivism of the same or similar criminal record, the police officer's strict control, management, and education on the drinking habits of the defendant is deemed necessary) and other factors for sentencing specified in the instant case, such as the defendant's age, sex, living environment, and circumstances after the crime, shall be considered together with all the sentencing factors specified in the instant case.

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