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(영문) 수원지방법원 여주지원 2018.05.04 2017고단1550

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 03:30 on November 22, 2017, the Defendant: (a) while driving a rocketing car at a 122-based public parking lot located in the Sinsan Sinsan-si on November 22, 2017; (b) brought about a dispute with another person in front of the charge settlement lawsuit; (c) around that time, the Defendant was driving a motor vehicle while under the influence of alcohol at the 122-based public parking lot; and (d) from F, “the Defendant was driving a motor vehicle under the influence of alcohol at the Defendant’s entry, with a flusium E, and policeman belonging to the D Dondong Police Station in the Sindong-dong Police Station of the Sungdong-dong Police Station, who was dispatched to the site after receiving a report at 112, with a 112 report.”

"A reasonable ground exists to determine a person" was demanded to comply with the measurement of alcohol by inserting the whole breath of a drinking measuring instrument for reasons of the same day, but the request for the measurement of the first alcohol around 04:14 of the same day, the second demand for the measurement of alcohol around 04:24 of the same day, and the third demand for the measurement of alcohol around 04:34 of the same day.

Accordingly, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason.

On May 4, 2007, the Defendant was sentenced to a suspended sentence of 200,000 won by imprisonment for 6 months with labor for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving of alcohol), on August 8, 2002, with labor for 8 months as a crime of violation of the Road Traffic Act (driving of alcohol) in the support of the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of 201, and on July 19, 2001, the Defendant was sentenced to a suspended sentence of 4 million won due to a violation of the Road Traffic Act (driving of alcohol) in the support of the State treasury of Suwon branch of 200, with a summary order of 2 million won by a fine of 2 million won on November 20, 200, and each of the crimes of violation of the Road Traffic Act by a fine of 250,000 won on January 20, 200.

Defendant

A is a person who is engaged in driving a motor vehicle of the Lastren.

On December 7, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.136% during blood transfusion around 00:30 on December 7, 2017 and is in the modified Dong at Osan City.