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(영문) 수원지방법원 2016.09.07 2016고단3240

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2016, at around 01:28, the Defendant was required to comply with the drinking test by inserting the breath of alcohol into a drinking measuring instrument three-minutes over three minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking, drinking, and drinking, drinking, from E, by a police box belonging to the police station of the gysium in the gysium, and a police officer.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Each investigation report (the use of a reduction machine at the time of the enemy launch and the situation at the time of detection);

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du148, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;