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(영문) 의정부지방법원 2016.01.22 2015고단3135
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

On August 11, 2015, the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and smelling on the face, at the D police box located in Pyeongtaek-gun C of the sports patrol on August 11, 2015, from the security guards affiliated with the above police box to the Defendant.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole 10 minutes into a drinking measuring instrument three times in total.

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

Summary of Evidence

1. Legal statement of witness E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of measuring photographs and reporting Acts and subordinate statutes on voluntary accompanying;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act with regard to the crime of this case (or choice of imprisonment, in consideration of the fact that there exists a history of being punished twice by driving under drinking, and that there is no reflectivity while denying the crime of this case);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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

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