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(영문) 수원지방법원 안산지원 2017.02.03 2016고단4742
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 December 13, 2016, the Defendant, while driving a fladal fedal fladal on the front side of the Yansan City, Ansan-si, Annsan City, 02:23, while drinking alcohol, the Defendant was driving under the influence of alcohol by the Defendant, from F, a policeman affiliated with the Police Station E box of the Annsan Police Station E box called up after receiving a report that the said vehicle seems to be a motor vehicle driving under the influence of alcohol. The Defendant was driving under the influence of alcohol by the Defendant, such as drinking alcohol at the entrance, drinking alcohol, flag, and fladal reaction at the influence of alcohol.

There was a reasonable reason to determine a seal, and it was demanded by around 02:53 on the same day to respond to the measurement of drinking alcohol by inserting approximately 30 minutes into a drinking measuring instrument over three occasions.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Duplicate of the ledger using the drinking-free measuring instrument;

1. Application of the Acts and subordinate statutes concerning a photographic of a witness vehicle, such as a control site photograph and a photograph;

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 suspended execution;

1. The defendant's age, sex, environment, background of the crime in this case, circumstances after the crime, etc. is committed, in violation of Article 62-2 of the Criminal Act, which reflects the reason for sentencing;

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