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(영문) 수원지방법원 2013.12.24 2013고단5085
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on August 29, 2013, the Defendant avoided the demand of the Defendant to respond to the measurement of alcohol by inserting it into a drinking measuring instrument three minutes from around 04:03 to 20 minutes in total, on the road of Suwon-si, Gyeonggi-do, for the purpose of drinking, on the road of 1274, while driving a B-do motor vehicle under the influence of drinking on the road. There are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as smelling, smelling, and snicking, etc. on the face.

As a result, the defendant did not comply with the lawful drinking test of police officers without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes, such as site 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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