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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1911

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

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

【The Defendant received a summary order of KRW 700,000 from the Daegu District Court on October 29, 2003 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the same court on August 12, 2008, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Suwon District Court on February 20, 2014.

【Criminal facts】 On May 15, 2018, the Defendant driven a motor vehicle under the influence of alcohol on the front of the shooting distance in the Sinsan-si, a member of Ansan-si, Ansan-si, by drinking alcohol on the front of the shooting distance in the Sinsan-si, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the Defendant from the Defendant D through the police station C Inspector of Ansan-si, who driven the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하여 음주 측정을 회피하거나 음주 측정에 응할 수 없다는 의사를 명시적으로 표시하는 방법으로 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. Application of each statute on photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime, the selection of imprisonment, and the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;