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(영문) 수원지방법원 평택지원 2015.05.28 2015고단429

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 March 12, 2015, at around 00:40 on March 12, 2015, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a car while drinking on the front of the Gyeonggi-do Pyeongtaek-si B, from the head of the police station D Zone D District, while driving the car while drinking the car, there is considerable reason to recognize that the Defendant driven the car under the influence of alcohol, such as smelling, smelling, and photographing the face, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant 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 for discretionary mitigation;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;