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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2033
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as: (b) it is confirmed that the Defendant was driving the motor vehicle on the CCTV screen belonging to the Jinju Police Station Eark, which was sent after receiving a report from 112, from the Jinju Police Station Evis, while driving the motor vehicle under the influence of alcohol, such as: (c) it is incorrect that the Defendant was driving the motor vehicle; (d) it is true that the motor vehicle was driving the motor vehicle on the face of the motor vehicle; and (e) it is true that the pedestrian

On June 17, 2017, from around 00:13 to around 00:28, it was demanded to respond to the measurement of alcohol by inserting the whole in four times a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

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

1. Notification of the results of regulating drinking driving;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant reflects the wrongness and that the defendant has no record of punishment exceeding the fine for the same kind of crime);

1. Part concerning the observation of protection and the dismissal of prosecution of the community service order under Article 62-2 of the Criminal Act;

1. On June 16, 2017, the Defendant: (a) received a report in front of the DNA telecom in the Jinju-si, Jinju-si; and (b) received a request from the Jinju E District Police Station Ear-gu, the Defendant, who was called out, to comply with the alcohol alcohol measurement from the victim F; (c) the victim G in the region belonging to the same district group; and (d) the victim H of the police station located in the area.

In the presence of many people such as I and J, the victims are openly expressed in a large sense, “I would like to collect money, so you would have to do so.”

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