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(영문) 수원지방법원 안산지원 2016.03.30 2016고단352

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six 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 February 18, 2016, the Defendant driven a vehicle while drinking alcohol by the Defendant, such as having a redlighted at the face within the police box of the Ansan-gu Police Station C, Ansan-gu, a member of Ansan-si, a member of Ansan-si, and smelling at the seat of the police box, etc.

Although there are reasonable grounds to determine a person, even though a person was requested by a slope D belonging to the said district unit to take a breath test due to a respiratory measuring instrument, he/she refused to take a breath test at intervals of ten minutes from the time of refusal to 06:05 of the same day, he/she did not comply with the request of the above police officer for a

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The ledger using sobling measuring instruments;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 defendant's age, sex, environment, background of the crime in this case, circumstances after the crime, etc. is deemed to be poor in light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act;