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(영문) 수원지방법원 안양지원 2017.06.20 2017고단327
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 February 4, 2017, the Defendant driven a Drocketing car on or around 02:25, while driving a road near the Gu Ethymna complex, while he was fluoring the Defendant’s entrance from G, snicking, snicking, snicking, snicking, snicking, snicking, snicking, snicking, snicking, and driving under the influence of alcohol, such as a unsnick distance.

Even if there are reasonable grounds to recognize a so-called so-called "breath alcohol measuring instrument," a police officer did not comply with a police officer's measurement of alcohol without justifiable grounds, such as refusal to measure the first alcohol in light of 02:30 on the same day, refusal to measure the second alcohol in light of 02:41 on the same day, refusal to measure the third alcohol in light of 02:51 on the same day, refusal to measure the fourth alcohol in light of 03:00 on the same day, and refusal to measure the fourth alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable to him/her: The fact that the defendant admits his/her mistake; unfavorable circumstances: The defendant has a record of having been punished for a fine due to driving under drinking in 2014 and 2017;

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