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(영문) 수원지방법원 2019.05.16 2019고단615
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2019, the Defendant reported 112 on the following: (a) on the following grounds: (b) the Defendant: (c) while driving B rocketing and other vehicles under the influence of alcohol in the state of under the influence of alcohol in the blood alcohol concentration at an influent place; (d) during the operation from the above influent place to the roads before the influence C in Young-gu, Suwon-gu, Suwon-gu, the Defendant reported that the said vehicle was “a vehicle suspected of drinking.”

Accordingly, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Plaintiff’s speech and behavior divided from the horse E, etc. belonging to the G District Police Station of the Gyeonggi-gu Seoul Police Station D District, which was dispatched to the said place after receiving the above 112 report on the same day at around 23:41 on the same day, and the Defendant was driving under the influence of alcohol, such as the walk-out, the walk-out, the walk-out, sniffing with red, smelling, smelling, and drinking, etc., and accordingly, the Defendant did not comply with the alcohol measurement by a police officer without justifiable reasons, such as refusing to take the alcohol measurement by inserting the influence measuring instrument three times from around 23:57 of the same day to January 19, 2

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a prime driver, and investigation reports (report on the status of a prime driver);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as the order, taking into consideration the following factors: The defendant's age, character and conduct, the environment, the circumstances leading to the instant crime, the circumstances after the instant crime, etc., and various conditions of sentencing specified in the records and arguments, which are favorable to the reasons for sentencing under Article 62-2 of the Criminal Act:

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