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(영문) 의정부지방법원 2018.04.11 2018고단470
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 20, 2018, the Defendant driven a motor vehicle under the influence of alcohol on the roads in front of the Bank located in Pyeongtaek-dong at Pyeongyang-si, and on the roads in front of the Bank located in the Namyang-dong, while driving a BMW motor vehicle at the site of an accident in which the central separation unit was dispatched to the site of the accident where the Defendant was located while driving the BMW motor vehicle, from the police box of the Namyang-dong Police Station C (a police box of the Namyang-si) where

Even though there are reasonable grounds to determine a person, the police officer was requested to comply with the measurement of drinking by inserting the breath measuring instrument three times from 20:59 to 21:12 on the same day on the same day, the police officer did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, on-site photographs, reports on the situation of driving at home, reports on the circumstances of drivers at home, notification of the results of crackdown on driving of drinking, reports on investigation, reports on the results of crackdown on driving of drinking, and inquiries into the results of the relevant Acts and subordinate statutes;

1. The Defendant, who had been punished for a crime of the same kind or a crime of different kind even prior to the pertinent legal provision, Article 148-2(1)2 and Article 44(2) of the Road Traffic Act, and Article 148-2(2) of the Act on the Selection of Punishment of Specific Crimes, seems to have weak compliance consciousness.

Although the Defendant caused an accident while driving alcohol and arrested the police in the act of committing an act, the Defendant continued to take care of police officers in charge of the crime and committed an act of bullying.

The fact that the defendant recognizes all crimes and reflects it shall be considered in light of the circumstances favorable to the defendant.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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