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(영문) 수원지방법원 2020.01.16 2019고단5823
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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. On September 25, 2019, the Defendant was under the influence of alcohol at around 00:30, and was parked and returned to the country after driving Cenz A200 vehicles at the Gyeonggi-si Pool B apartment parking lot in Gyeonggi-si, and on September 25, 2019, the Defendant was demanded to comply with a drinking test by inserting the alcohol in a manner that, upon receiving a report that “the Defendant was making an apartment where he was under the influence of drinking but was not under the influence of drinking within the apartment”, the Defendant was under the influence of alcohol from the Defendant’s slope of the police box sent to the police box called “a person who was under the influence of drinking but was under the influence of drinking within the apartment.”

그럼에도 피고인은 측정하는 시늉만 하며 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. The Defendant damaged public goods, at the same time and place as mentioned in the above paragraph (1) above, was arrested as a flagrant offender refusing to take a alcohol test, and was waiting in the back seat of the F Abdop patrol vehicle in order to move to a D police box, thereby impairing the utility of the goods used by public offices by leaving the back seat of the back seat of the front seat of the Faburg patrol vehicle in a hand-on hand, and making the back seat of the front seat turn out to tear one copy of the glass hold equivalent to KRW 60,00 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Patrols, photographs and estimates;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification as to whether a suspect has requested blood collection);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to measure such foods), Article 141 (1) of the Criminal Act (a point of damaging goods for public use) of the Road Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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