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(영문) 수원지방법원 안산지원 2017.11.09 2017고단2406
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 May 15, 2017, the Defendant driven a D-car volume in front of the 'C cafeteria' located in the 'C cafeteria in Ansan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si.

A defendant is taking a person driving a drinking alcohol.

"A person who was sent to the scene after receiving a report of 112" was required to respond to the measurement of alcohol by inserting the concealment of the drinking measuring instrument three times between about 20 minutes, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking at a snick F, drinking at a snick F, drinking snick, drinking at a remote distance, and drinking at a drunk.

피고인은 그럼에도 불구하고 경찰관에게 운전 중 적발된 것이 아니기 때문에 음주 운전이 아니라며 음주측정기에 입김을 불어넣는 시늉을 하거나 측정을 거부하는 방법으로 회피하여 정당한 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. The ledger using the measuring instruments for drinking;

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;

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