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(영문) 인천지방법원 부천지원 2013.05.16 2013고단553

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 26, 2012, at around 06:27, the Defendant was required to comply with a drinking test by inserting the breath of a drinking measuring instrument over about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a brea-gu drinking-dong 383-7, Seocheon-gu, Seocheon-gu, Seocheon-si, with a traffic accident on the 383-7 road while driving the B-learning car, and having received a report on the grant of a traffic accident.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, reports on driving, reports on the actual state of drinking drivers, and reports on the actual state of drinking drivers;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his errors in depth and that the defendant does not have any criminal records exceeding the fine as the same criminal records);