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(영문) 춘천지방법원 영월지원 2013.08.23 2013고단330

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Youngcheon District Court’s Young-gu branch on February 5, 2008, and the remaining term of imprisonment has elapsed on August 13, 2010 during the execution of the sentence and paroled on January 26, 201.

On June 23, 2013, at around 20:05, the Defendant was required to comply with the drinking test by inserting alcohol measuring instruments over about 30 minutes, while driving Dable cargo on the front of the house of Gangwon-gun, the Gangwon-gun, and driving of Dable cargo in a fluence on the front of the house of the C, which is located in the Gangseo-gun B. On June 23, 2013, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling fluor in a smell and fluoring red on the face, etc.

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

On May 26, 2013, the Defendant reported on May 22, 2013, 2013 that he would drive a drinking-free cargo vehicle on the road front of the flood village in the north-west-gun of Gangseo-gu, Gangwon-do while drinking, and controlled the charges of drinking-free driving to the slope G belonging to the E Zone Zone of the Young-gu Police Station called to the above place.

On May 26, 2013, the Defendant: (a) had reasonable grounds to recognize that he was driven while under the influence of alcohol, such as fluoring off questions of slope G in the above place, humbing snow with shock and huming red on face; and (b) was demanded to comply with a drinking test by inserting approximately 30 minutes into a drinking measuring instrument on three occasions from May 26, 2013 to 23:20.

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

Summary of Evidence

"2013 Highest 30"

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Investigation Report (in respect of refusal of suspect measurement),

1. Previous records of judgment: Criminal records;