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(영문) 대전지방법원 천안지원 2016.06.03 2016고단334
도로교통법위반(음주측정거부)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2016, the Defendant was driving a motor vehicle under the influence of alcohol in a red state, while driving a motor vehicle at the front of the arche-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu on February 22, 2016.

Even though there are reasonable grounds to determine a person, a police officer did not comply with a police officer's demand for alcohol alcohol measurement by inserting a measuring instrument three times from 22:05 to 22:53 of the same day on the same day by inserting the measuring instrument for alcohol consumption on three occasions from 22:05 to 22:53 of the same day.

2. On February 15, 2016, the Defendant violated the Road Traffic Act (divated driving) driven the said BNis application vehicle under the influence of alcohol concentration of approximately 0.071% from the section of approximately 100 meters from the 100-meter radius to the front road of the White apartment located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the ledger using drinks for drinking;

1. Application of the Acts and subordinate statutes of a request for appraisal or reply to appraisal;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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 defendant's criminal records (the two times of fines, the suspension of the execution of the same kind of fines, the suspension of the execution of fines) for the reason of sentencing in Article 62-2 of the Criminal Act, the fact that the defendant is recognized to commit the crime, and the driving distance is against the defendant.

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