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(영문) 의정부지방법원 2017.07.18 2017고단1041

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the Defendant 22:05 on December 21, 2016, while driving on the three-lanes of the front road B at the Namyang-si.

C. D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

The Defendant received a report on the occurrence of a traffic accident at the home of the Defendant, E Apartment 102, 404, 22:41 on the same day, and received a demand to comply with a drinking test at intervals of 10 minutes from G and the Police Officer of the Gyeonggi Yang-ju Police Station F of the Gyeonggi Police Station, who called out, and the Defendant received a demand to comply with the drinking test at intervals of 10 minutes from G.

From the Defendant at the time, the Defendant was aware that he was drunk while driving a taxi under the influence of alcohol, and that he was aware that he was able to receive the taxi. Therefore, the Defendant was driving the alcohol while driving the taxi.

there was a reasonable reason to determine the person.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣지 않고 잠을 자는 시늉을 하며 이를 거부하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a report on the detection of, and reporting on, a fact-finding survey, field photographs of accidents, photographs requesting measurement, and drinking refusal;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, one time before and after driving alcohol, and the reason for refusing to measure drinking (the escape after driving alcohol causes a physical accident and thus refusing to measure drinking): Provided, That it shall be taken into consideration that the person has no previous conviction in excess of the amount of fine, such as reflect