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(영문) 수원지방법원 안산지원 2017.05.11 2017고단843
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 January 27, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and snicking on the face, while driving a motor vehicle under the influence of alcohol by drinking alcohol on the front 12 main street located in the 730 Jeju-si, Ansan-si, Seoul-si, Seoul-si, and driving a motor vehicle under the influence of alcohol by a policeman D belonging to the police station of Ansan-si, the police station of Ansan-si, and the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A written operating statement under which they are placed;

1. Report on the circumstances of driving under the liquor:

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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