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(영문) 수원지방법원 여주지원 2018.09.12 2018고단687

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 21, 2018, the Defendant: (a) discovered a police officer who is under drinking alcohol control by driving a wing-in wing-off freight vehicle while drinking alcohol on the road before the opening of the road maintenance base located in the Gyeonggi Pyeong-gun, Gyeonggi Pyeong-gun, the Defendant performed a traffic accident involving DNA car parked in front of the Gyeonggi Pyeong-gun, which led to the occurrence of a traffic accident involving the car parked in front of the Gyeonggi Pyeong-gun; and (b) performed a patrol to find the Defendant.

E The police box was discovered to F officer of the police box.

After June 21, 2018, the Defendant driven a vehicle while under the influence of alcohol, such as smelling and smelling to the face of the Defendant, at the E box located in the G G of Gyeonggi-gu on June 21, 2018.

There are reasonable grounds to determine a seal, which was demanded from that time to 23:15 to respond to the measurement of drinking by inserting the whole breath of a drinking measuring instrument three times in total.

Nevertheless, the defendant, by refusing to put in a drinking measuring instrument, failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On June 21, 2018, the Defendant: (a) driven a wing-off truck without obtaining a driver’s license from around 10km section from around 22:25, the front day of the “fire-fighting fire-fighting fire-fighting fire” located in the roof-gun of Gyeonggi-gu, Gyeonggi-do, to the front day of the Gyeonggi-gu, Gyeonggi-do; and (b) drive a wing-off truck without obtaining a driver’s license from around 10km section.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Investigation report (a moving vehicle during inspection);

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (net 16);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting a crime (the act of refusing the measurement of drinking), which are applicable to the relevant crime;