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(영문) 춘천지방법원 2018.10.04 2018고단787
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 22, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and snicking on the face, while driving a motor vehicle with C low typ in front of Chuncheon on the front of B on the road of Chuncheon, the Defendant driven the motor vehicle under the influence of alcohol by drinking alcohol to the Defendant, while driving it.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 44 minutes into the divers of drinking.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, reports on the detection of drivers of primary drivers, and statements on the circumstances of drivers of primary drivers;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant had a record of being punished for traffic-related crimes, such as the Defendant’s death or injury caused by escape and driving alcohol around 2009 in light of the Act; and (b) the Defendant had a record of being punished on two occasions due to driving without a license in light of 2010; (c) the Defendant shocked several representative vehicles at the time of the instant crime, and carried out a traffic accident involving his/her own vehicle, and (d) the Defendant was under the influence of his/her own vehicle at the time of the instant crime; (b) Nevertheless, the Defendant’s refusal to take a

However, the fact that the defendant seems to have recognized and reflected the crime of this case, and that there is no record of being sentenced to more severe punishment than the suspension of qualification for the defendant, etc., shall be considered as factors for sentencing favorable to the defendant. In addition, all other circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument of this case, shall be comprehensively considered.

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