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(영문) 수원지방법원 안산지원 2015.08.12 2015고단1727
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

At around 02:00 on May 5, 2015, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument three times on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, drinking, drinking, and drinking on the face, while driving, while drinking, from the front day of the Detailed Road in the same Dong to the front day of the dong class in the same Dong, and waiting for drinking.

Nevertheless, the defendant did not disclose his status, and avoided it by leaving his place of measurement or leaving a site to a drinking measuring instrument, and failed to comply with a request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes on accident-related photographs;

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. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, background of the instant crime, circumstances after committing the instant crime, etc.; and

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