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(영문) 수원지방법원 안산지원 2017.09.28 2017고단2214
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

The Defendant, at around 02:35 on June 24, 2017, driven under the influence of alcohol, such as smelling, snicking, reding on the face, in an inaccurate, in a manner that he/she drives a motor vehicle of soflur with C in a drunken state, while driving a motor vehicle of soflur with C in a drunken state.

Despite the fact that there is a reasonable reason to designate a person, the police officer E, who is a public official of the police station affiliated with the sports performance police station, requested a police officer to comply with the measurement of alcohol by inserting approximately five minutes from around 02:35 to about 38 minutes in total on the same day, but he/she refused to comply with a request for measurement of alcohol without justifiable grounds by refusing it in such a way that he/she enters a drinking measuring instrument and does not put his/her respiratory properly into a proper body.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The ledger using sobling measuring instruments;

1. Application of each statute on photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime, the selection of imprisonment, and the selection of punishment;

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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