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(영문) 인천지방법원 2017.09.15 2017고단5321
도로교통법위반(음주측정거부)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On May 10, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven a traffic accident while driving a DN Scoo car in front of the Seo-gu Incheon, Seo-gu, Incheon at around 23:40, while under the influence of alcohol, the Defendant driven the Defendant under the influence of alcohol, such as drinking alcohol and drinking on May 11, 2017, from a slope F belonging to the Incheon Seo-gu Police Station E-gu, Incheon at around 00:05, while driving a motor vehicle in the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not drive the vehicle.

To make a false statement and not to make a measurement of drinking;

A police officer's refusal to comply with a request for measurement of drinking without justifiable grounds.

B. On May 10, 2017, the Defendant also asked the above police officer who was dispatched to the scene around 00:40 on May 10, 2017, to make a false statement, stating that “I would like to have B, who was on board the vehicle of the above Nescoo, make a false statement as if he was an actual driver, and that “I would like to have a lot of driving force of drinking so that I would have to drive so that I would have to go on the road continuously, so I would have to go on the road. I would like to request the above police officer who was dispatched to the scene around 00:30 on May 11, 2017.” On the same day, the Defendant stated that “I would have caused the above police officer to drive at home” and on April 2, 204:

2. Defendant B: (a) around May 10, 2017, the Defendant: (b) received a request from the same person to request the driver to conduct a traffic accident on the front of Seo-gu Incheon, Seo-gu, Incheon; and (c) on May 11, 2017, when the traffic accident occurred while he/she was accompanied by a vehicle driven under the influence of alcohol on the front of Seo-gu, Seo-gu, Incheon.

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