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(영문) 수원지방법원 성남지원 2016.01.15 2015고단2659

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 October 16, 2015, at around 21:35, the Defendant left the door, such as a slope C, etc. belonging to the 112-reported Gyeonggi-gu Police Station for the Gyeonggi-do, where the Defendant was seated and was diving on the driver’s seat of the BKa car on the side near the west-gu, the west-gu, Sinnam-si, the Sinnam-si, the Sinnam-si, and the Sinnam-do, where the Defendant was seated on the driver’s seat of the BKa car in the direction.

At the time, smelling in the foregoing vehicle is severe, the defendant's horse is divided into a fluorial, red and the defendant's body was driven under the influence of alcohol, such as a fluoring distance.

Since there are reasonable grounds to determine the person, police officers, such as C, requested the defendant to take a drinking test, and the defendant was arrested as a flagrant offender by taking advantage of his or her own desire and getting out of the above vehicle.

Since October 16, 2015, the Defendant refused to take a drinking test without justifiable grounds, and failed to comply with a police officer’s demand for a drinking test on the ground that: (a) the Defendant was requested from the E District in Seongbuk-gu, Seongbuk-gu, Sungnam-si to take a drinking measuring instrument four times or more; and (b) the Defendant failed to take a drinking test on the ground that the Defendant refused to take a drinking test without justifiable grounds and failed to put the measuring instrument properly into a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A photograph refusing to measure drinking;

1. Application of the Acts and subordinate statutes to E global CCTV CDs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act to order the provision of community service and order to attend a lecture, despite the fact that he had been sentenced to a fine on several occasions due to the same kind of crime, is again selected to be sentenced to imprisonment in light of the crime of this case. The defendant reflects the crime of this case, and the defendant's age, sexual behavior, and other crimes of this case.