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(영문) 수원지방법원 2013.12.04 2013고단5617
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

On September 17, 2013, the Defendant was required to comply with a drinking test for about 30 minutes in total on three occasions, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, drinking, and drinking, drinking, drinking, and drinking, from a policeman belonging to the Yongsan-dong Police Station, who was called at the site after receiving a report of a drinking driving, while driving the B Poter in front of the 294-6 Poppon in the state of drinking, while driving the drinking on the front of the 294-6 Popon on the road of Yongsan-si, Young-si, Kim-si, 2013.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to control sites and photographs refusing to measure drinking;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended in consideration of the fact that the defendant has no special criminal record, except for the confessions and reflects, and the fact that the punishment is suspended, although he/she has refused to take a drinking again while driving under the influence of alcohol even though he/she was punished twice again;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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