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(영문) 인천지방법원 2016.11.28 2016고단6837
도로교통법위반(음주측정거부)등
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

1. Violation of the Road Traffic Act (Refusal of measurement) on May 29, 2016, the Defendant avoided a police officer’s demand for a measurement of alcohol for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving of the said vehicle while under the influence of alcohol, such as the influence of the police station in the seat of the driver’s seat of the Egniter, which was stopped in front of the Dcafeteria in Gangwon-do regularly-gun, Gangwon-do, for about 19:00, on the 19:00, there is an inaccurate reason to believe that the Defendant was driving of the said vehicle under the influence of alcohol, such as the flusing

2. At around 19:40 on May 29, 2016, the Defendant damaged public goods, on the ground that the police officer asked him/her to take several times to scambling, even though he/she was arrested and detained in the police box of the fixed-line police station by committing an act in violation of the Road Traffic Act as seen above, he/she did not enter the police station. However, the Defendant damaged the above air conditioner, which is an object to be used by the F police box of the above air conditioner, by walking the air conditioner in several times at the place where he/she was on hand, and then damaged the police station to take 90,000 won for repairing the air conditioner.

3. On May 29, 2016, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the Efranchising vehicle not covered by mandatory insurance in front of the D cafeteria located in Gangwon-do Stick-gun C; (b) around 19:00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, and G;

1. G statements;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Each investigation report (receiving photographs taken by a suspect, such as the situation in which the person refuses to measure music signals, receiving photographs taken by the suspect, such as the situation in which public goods are damaged), photographs attached thereto, investigation reports, and investigation reports (in case of persons I for reference and hearing statements by the court);

1. Mandatory insurance policies;

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act, Article 141(1) of the Criminal Act that applies to a crime, the choice of punishment, and Articles 148-2(1)2 and 44 of the Road Traffic Act;

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