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(영문) 인천지방법원 부천지원 2016.03.22 2015고단3416
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 22, 2015, the Defendant driven a B K5 car on the road located in the Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, and the front road as well as the front road. On November 22, 2015, the Defendant driven a motor vehicle while under the influence of alcohol, such as: (a) the Defendant was driving from the Seocheon-gu, Seocheon-gu Police Station C Assistant InspectorD, a response to drinking so as to reduce drinking; and (b) the Defendant was snicking on the face; (c)

For about 30 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, report on the results of regulating the driving of drinking, and ledger on the use of a drinking measuring instrument;

1. Application of the photographic Acts and subordinate statutes;

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. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the crimes of this case by the Defendant, and there are no criminal records of the same kind of criminal records and suspended execution, and other factors of sentencing as indicated in the instant case, including the Defendant’s age, sex, living environment, and circumstances after the crime, etc., the sentence is determined as ordered.

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