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(영문) 인천지방법원 부천지원 2015.06.12 2015고단734

도로교통법위반(음주측정거부)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Criminal Power] Defendant B was sentenced to a suspended sentence of two years for a period of eight months for a violation of the Punishment of Violences, etc. Act (joint violence) at the Incheon District Court on June 7, 2013 and sentenced to a suspended sentence of two years for the same year.

9.12 The above judgment became final and conclusive.

【Criminal Facts】

1. On October 31, 2012, the Defendant: (a) while driving a DEX car at the OS-si Office Underground Parking Lots of the COS-si, 1141 located in Seocheon-si, Seocheon-si, Seocheon-si, 1141, Defendant A was found to have been driving a motor vehicle while under the influence of alcohol, such as drinking on the Defendant’s entrance and smelling and drinking on the Defendant’s face, due to considerable reasons to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking on the left side of the F Pool-si, which was driven by an agent E, and due to the shock of the left side of the F Pool-si, which was driven by the agent E, and did not comply with the request of a police officer for a alcohol measurement by inserting the alcohol measuring method three times from the Gyeong-si office of the G District Police Station from around 01:58 to 02:19 on the same day, and did not comply with the request of a police officer without justifiable reason.

2. Defendant B is a family-friendly relationship with Defendant A.

At around 01:00 on October 31, 2012, the Defendant was aware of the fact that he driven a drunk vehicle at the head of the DEX car operated by A at the time of the occurrence of the same accident as that described in paragraph (1) in the COS Rool Underground Parking Lot of the COS 1141, Nowon-gu, Seocheon-gu, Seocheon-gu, 1141, and on November 11, 2012, the Defendant stated that A was driven a drunk driver as he driven.

As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. E statements;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Relevant photographs;

1. Each report on investigation;

1. The criminal defendant before his judgment.