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(영문) 춘천지방법원 2014.04.01 2013고단1168
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On November 3, 2013, at around 23:15, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 35 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, and smelling on the face of the C District of the Chuncheon Police Station, which was called out after receiving a traffic accident report while driving a Korean-style timber vehicle B in front of the Hancheon-do, which is located in the Chuncheon master's zone.

Nevertheless, the defendant, by means of not inserting the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to the reports on detection of drinking drivers, reports on circumstantial statements of drinking drivers, investigation reports (related to refusal to measure drinking), and copies of records of records of use of drinking meters;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act (in addition to the instant case, there is no record of criminal punishment) provides that the Defendant was under the influence of alcohol and caused traffic accidents while driving a motor vehicle while considering the fact that the Defendant was under the influence of alcohol, and that a short distance of time has escaped, etc., shall be considered as an aggravated sentencing. In full view of all other circumstances revealed in the oral proceedings of the instant case, the sentence is determined as above. It is so decided as per Disposition on the grounds above.

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