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(영문) 수원지방법원 2013.06.13 2013고단1102

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten 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 13, 2013, at around 23:38, the Defendant was demanded to respond to a drinking test by inserting the drinking measuring instrument three minutes in a drinking measuring instrument, in order to put the drinking measuring instrument into the front side of the Suwon-nam Police Station, which was dispatched after receiving a 112 report from C to C of the Suwon-nam Police Station, that there is a driver who is standing to stop another vehicle and stop on the driver's seat while driving the vehicle from around 200 meters away from around 987-5 to the road before the same 987-5.

Nevertheless, the defendant refused to take a drinking-free measuring instrument, and did not comply with a police officer's request for a drinking-free measuring instrument without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of suspect vehicles and photographs refusing to measure drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;