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(영문) 수원지방법원 2016.05.04 2016고단1024
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 February 5, 2016, 02:30, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, driving a motor vehicle at the right side of the 17-7 Western-dong, Sinsan-si, 17-7, where he drives a motor vehicle at B in a drinking state, causing a traffic accident where he takes a central separation unit while driving the motor vehicle at B in a drinking state, the Defendant’s speech and walked, snicking, snicking on the face, knicking red on the face, and failing to properly hold the body.

Although there are reasonable grounds to determine a person, he/she was requested from around 02:58 to around 03:29 of the same day to comply with the measurement of drinking by inserting a measuring instrument by inserting the dice D belonging to the police box of the Gyeonggi-dong Police Station C of the Gyeonggi-dong Police Station for the game for about 30 minutes, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of regulating drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (including the fact that a person commits a crime, commits a violation in depth, commits a violation against his/her depth, and does not repeat a crime, and the fact that he/she does not have a criminal record other than a criminal record of a fine twice);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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