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(영문) 대전지방법원 서산지원 2016.07.14 2016고단342
도로교통법위반(음주측정거부)
Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was under the influence of alcohol, while driving DRV4 automobiles on the front of C in JAV4 on May 12, 2016, while driving the DRV4 car on the front of C, and was in the influence of alcohol, by regulating it to the slope F belonging to E District of the Police Station Ear-gu in Chungcheongnamnam-gu, Chungcheongnamnam-gu, the Defendant was reding on the inside and drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting the whole of drinking meters four times from 00:22 to 00:52 on the same day.

Nevertheless, the defendant refused to comply with a police officer's request for a measurement of breath without any justifiable reason by refusing such request for a measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing under Article 62(1) of the Act on the Suspension of Execution which are disadvantageous to drinking driving: The conditions for sentencing, such as the above circumstances and the defendant's age, sex, environment, circumstances, circumstances of crimes, means and results, etc., shall be determined by taking into account the following circumstances into account:

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