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(영문) 서울동부지방법원 2016.04.20 2016고단50

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 23, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of road traffic laws at the Seoul Western District Court on May 23, 2008, and a fine of KRW 1,50,000 to a fine for a violation of road traffic laws at the Seoul Western District Court on June 11, 2013.

【Criminal facts” at the C cafeteria parking lot located in Gangdong-gu Seoul Metropolitan Government on December 11, 2015, around 23:25, the Defendant: (a) was unable to proceed to the E 5-car parked in the rear bank after shocking the vehicle while driving the vehicle while drinking the vehicle; and (b) the witness reported it to the police.

In order to investigate the exact accident and driving circumstances, the defendant was transferred to the traffic survey gauge of the Seoul Gangnam Police Station, and the defendant was driven under the influence of alcohol by drinking, such as drinking alcohol, drinking alcohol, string, and stringing snow, from the slope F belonging to the Seoul Gangnam Police Station, to the defendant, at the place of the traffic survey team of the Seoul Gangseo Police Station.

On December 12, 2015, when there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting the whole in four minutes of drinking at intervals of about 10 minutes, such as around 00:15, around 00:25, around 00:35, around 00:46, etc.

Nevertheless, the defendant did not measure and refused to comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the G production;

1. A survey report on actual conditions, a traffic accident occurrence report, a report on the detection of the driver of the primary driving, a statement in the circumstances of the driver of the primary driving, and a report on dispatch to the scene of 112

1. A photograph refusing the measurement of drinking, photograph of the vehicle under consideration, or photograph of the damaged vehicle;

1. Previous convictions related to sentencing: Application of the Acts and subordinate statutes to inquiries about criminal history and investigation reports (the summary attachment of such previous records).

1. Article 148-2 (1) of the Road Traffic Act concerning facts constituting an offense;