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(영문) 인천지방법원 부천지원 2016.05.27 2016고단731
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. The Defendant, at around 03:35, on March 31, 2016, insultd the Defendant: (a) requested a slope victim D’s slope victim affiliated with the Seocheon-gu Police Station C District District, Seocheon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, to measure drinking; and (b) during the victim’s hearing, he/she “I are designated as the head of Si/Gun/Gu, Do, Do, and Si/Gun/Gu.”

2. The head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, and the head of the Gu, the head of the Dong, the head of the Dong, the head of the Dong, shall,

The body of the person in his/her body shall be discarded off the Mabro and the clothes of the person.

In a large sense, “the victim was openly insultingd.”

2. On March 31, 2016, the Defendant was driving under the influence of alcohol by drinking while driving a F-specific vehicle in front of the shooting distance of the 31-1 telephone station in the direction of the city-U.S. Sincheon-gu, Seocheon-gu, Seocheon-gu, Seoul Special Police Station Cronon who was called for after receiving a traffic accident report after receiving a traffic accident report, while driving a motor vehicle in front of the shooting distance of the 31-1 telephone station in the direction of the city-U.S. on March 31, 2016.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 40 minutes into the divers of drinking.

Nevertheless, the Defendant avoided it in such a way as to see it from a drinking measuring instrument, and 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. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each statement of E and H;

1. A report on the situation of the driver employed in the main place;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant legal provisions concerning facts constituting an offense, Article 311 of the Criminal Act that prescribes the choice of punishment, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), and the choice of imprisonment, respectively;

1. The scope of concurrent crimes plus the long-term punishment of two crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be the sum of the punishment imposed on a violation of Road Traffic Act, with heavier punishment.]

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