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(영문) 수원지방법원 2017.01.19 2016고단4948
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 June 26, 2016, the Defendant driven alcohol at the 507-dong underground parking lot located in the 507-dong main apartment zone in the 112-on city in the native-nam Eup in the Republic of Korea on June 26, 2016, on the ground that “the Defendant was driving a drinking without paying an intermediate driving fee during the process of driving on his/her behalf,” such as the details of the said 112 report from C to C of the police station in the Jinsung Seo-gu Police Station called for 112, and that the Defendant was driving a drinking, such as the Defendant’s state of walking, string, and smelling.

However, the defendant was required to take a drinking test due to considerable reasons to determine the person, but the defendant refused to take a drinking test three times from the above day to the same day 23:11 on the same day.

Accordingly, the Defendant, who is a police officer, driven under the influence of liquor by C.

There was a considerable reason to believe that the alcohol measurement was required, but the measurement was not complied with.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the witness D;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (including the fact that the defendant is against the truth, even though there are many criminal records of the same kind, there are no criminal records exceeding

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

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