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(영문) 인천지방법원 2015.06.24 2015고단2092

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 26, 2015, at around 03:25, the Defendant was required to respond to the measurement of alcohol by inserting the breath of a drinking measuring instrument four minutes in a while under the influence of alcohol, such as the Defendant, while driving on the road while driving on the fright of a motor vehicle in the condition of driving on the road, at around 35 minutes, by a slope D belonging to the said police box, and being locked at the fright of a motor vehicle in the direction of driving on the road.

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. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of photographs and photographs (a suspect locked on the road)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflection of the fact, and absence of any record of punishment sentenced to imprisonment without prison labor or heavier punishment);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;