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(영문) 수원지방법원 성남지원 2017.06.08 2017고단649
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 March 2, 2017, the Defendant driven a C SP car in the name of the wife B around 05:45 minutes, and was straighted in the direction of the central road from the area of 241 Sinnam-si Sinsan-si Sinsan-si Sinsan-si to the flow of the central road from the area of Sinnam-si Sinnam-si, the electric signal, etc. was red, but continued as it was, and the Defendant caused the accident caused the front of the city bus, which was sent in accordance with the new name in the direction of the historical distance from the area of the SP bank of the Republic of Korea, to the right side of the city bus located in accordance with the new name in the direction of the historical distance.

The Defendant was driving under the influence of alcohol at the scene of the accident at the time, in which he was fluorous, smelled, snicked, walked with a little rain and walked at the time when she walked, and driven under the influence of alcohol, such as a large color red.

there are reasonable grounds for suspecting

Along with the recognition of an accident report, a drinking test was requested for about 25 minutes from the slope E belonging to the Sungnam Police Station D's Gonam Police Station, but did not comply with it without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes on measurement of 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. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., Supreme Court Decision 201Da1448, May 1, 201);

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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