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(영문) 수원지방법원 성남지원 2015.10.29 2015고단1995
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2015, at around 19:00, the Defendant: (a) while driving a knife car in front of the B Apartment 304, Gwangju City, Gwangju, the Defendant was required to comply with a drinking test on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as a sniffing and smell distance, from E in the process of carrying out the traffic accident after receiving a report of 112, the Defendant was in charge of driving the 110 minutes of the traffic accident; (b) but (c) on the same day, the Defendant was demanded to comply with the drinking test by again putting approximately 30 minutes of the alcohol measuring instrument from E from the security guards of the Gwangju Police Station from around 19:15 to about 19:45 on the

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to reports on the current status of a drinking driver, and rejection of measurement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Criminal Act provides that the period of probation shall be three years, giving a strong warning to the defendant that his/her drinking alcohol would lead the criminal act in this case

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