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(영문) 수원지방법원 안산지원 2015.07.14 2014고단3214
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 5, 2014, the Defendant, while drinking alcohol at around 02:20, operated the EEP car from the 706-10-on-road of Ansan-si to the roads in front D, Ansan-si, the Defendant was demanded to comply with the drinking test by inserting the alcohol in a manner of inserting it into a drinking measuring instrument three times from around 03:26 to 03:50 on the same day, since there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as a red cover of the face from the Gyeongsan-gu, Ansan-si, Police Station G District Office located in Ansan-gu, Ansan-gu, Ansan-si, Seoul-si, and the face of the Defendant from the Hasan-gu, the Hasan-gu, the Hasan-gu, the

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, H and J;

1. Written Statement;

1. Fully taking account of the following facts: Voluntary written consent to conduct, internal investigation, report on vehicle driving, report on detection of a drinking driver, ledger of use of a drinking measuring instrument, site photograph and photograph of refusal to measure, video image (the order No. 13), control manual, record No. 1 of the record (the order No. 25) [ though the defendant asserted that he only refused to take a drinking test while illegally arrested the defendant, I and H's statements were specific and consistent; the defendant's first refusal to take the patrol at the patrol, but the J stated that he did not have any resistance or resistance after he first boarded the patrol; the defendant voluntarily refused to take the patrol after having arrived at the patrol box; it is reasonable to deem that police officers responded to the execution of official duties that he requested to take a drinking test by leading the defendant to the patrol box; and the J stated that the defendant refused to take the patrol after having arrived at the patrol box; and

1. Relevant Articles of the Act concerning the facts constituting the crime;

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