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(영문) 수원지방법원 2013.06.26 2012고단6338

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 22:50 on November 22, 2012, the Defendant was driving a Efranchising vehicle without obtaining a driver’s license from the front day of the D in the wife population C, which is located in the same Gu basin, from about 2 km section in the same Gu, to the Gamblart road in the same Gu.

2. Around 22:50 on November 22, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement of the drinking level) was demanded to comply with a drinking test by inserting the drinking level between approximately 30 minutes in a drinking measuring instrument, when he/she had a reasonable ground to recognize that he/she was driven under the influence of alcohol, such as drinking alcohol to the Defendant from the slopeF belonging to the Highway Police Agency and the Gyeong G while repeatedly repeated the act of getting in and getting out of the driver’s seat of the Efran XG, which was stopped on the side in the direction of the host population, in the direction of a drinking measuring instrument.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for a drinking test.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. On-site photographs;

1. Each report on investigation;

1. Registers of driver's licenses;

1. According to the F’s legal statement and each investigation report, four police officers, such as F, etc., did not proceed to the lower-level system among the vehicles entering the expressway in the UAV-dong of the ShiAV-UP-si, and did not proceed to the lower-level system, and the Defendant’s vehicle was not parked at the time of drinking control; the Defendant’s vehicle was parked at the time of drinking control for a third party other than the Defendant’s national road and parked on the side by entering the expressway; the Defendant’s vehicle was parked on the roadside; the Defendant’s vehicle, who was under drinking control with respect to a third party other than the Defendant, was parked on the road; the Defendant’s vehicle was parked on the roadside in order to get out of the national road at the place where the Defendant’s vehicle was parked.

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