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(영문) 의정부지방법원 2018.03.21 2017고단4397
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 16, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from a policeman F who belongs to the police box of the Namyang-gu Police Station Estation at the Namyang-si, Namyang-si, to the road front of the parallel of 660 square meters in Pyeongyang-dong, Namyang-si, and driving a motor vehicle under the influence of alcohol, while driving a motor vehicle under the influence of alcohol from around 1km-dong to the road front of the parallel of 660 in Pyeong-dong, Namyang-si, Namyang-si.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the Defendant avoided by means of not having the wind on the water by entering the fire, and did not comply with the police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Report on the situation of driving under the influence of liquor, report on the situation of the driver under the influence of alcohol, notification of the results of crackdown on drinking, and control photographs;

1. Application of Acts and subordinate statutes to recording files;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, even before the reason for sentencing Article 62-2 of the Social Service Order Criminal Act, has been sentenced to a fine due to drinking or non-licensed driving on several occasions.

Nevertheless, the driver failed to comply with the police officer's demand for measurement.

However, it is favorable to the defendant that the defendant reports elderly and bodyless wife.

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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