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(영문) 수원지방법원 여주지원 2016.10.11 2016고단870
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 00:58 on July 2, 2016, the Defendant refused the demand for a drinking test on the ground that the Defendant was in demand for a drinking test on the ground that the Defendant was able to sniffly sniffly driven a vehicle B from the front of a cafeteria located in the Ori-si-si-si-si-si to the third 85 dominated bus terminal at the 112-ro, and that the Defendant was a drinking driver while driving a vehicle B, from the front of a restaurant located in the Ori-si-si-si-si-si-si-si-si-si-si (hereinafter “Ambol”) and that the Defendant was in demand for a drinking test on July 2, 2016.

In addition, the Defendant was arrested as a flagrant offender due to the offense of insult, etc. as set forth in the following paragraph (2) and was compelled to take custody of the Defendant, and thereafter, on July 2, 2016, around 01:34, and around 01:53, the Defendant did not comply with the police officer C’s continuous demand for the measurement of drinking.

Accordingly, the defendant did not comply with a request of a police officer for a sobreath test without any justifiable reason despite a considerable reason to recognize that he is under the influence of alcohol.

2. The Defendant, at around 00:58 on July 2, 2016, did not comply with the request of the victim C (the victim of 42 years of age) to take a drinking test at the time and place indicated in the foregoing paragraph (1), as stated in the foregoing paragraph (1), and immediately enter the E convenience store near the police station, and dump dump dump dump snume the febbb, by leaving the flag in the cooling

Therefore, when the victim prevented the defendant while demanding the defendant to respond to a drinking test, the defendant openly insulting the victim by referring to “the bitch bitch bitch bitch bitch, dump, and dump,” in the situation where there is a citizen in the surrounding area,” etc.

3. On July 2, 2016, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested in flagrant offenders as described in the foregoing paragraph (1) and brought into custody as the zone D of the relevant police station. The Defendant was under the influence of alcohol for about 50 minutes from around that time to around 02:05 on the same day.

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