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(영문) 의정부지방법원 2018.07.13 2018고단2000
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant: (a) while driving a CEF rocketing car on the front of B at the Namyang-si, Namyang-si, B around 2018, the Defendant was under the duty of driving the said car upon receiving a 112 report that the driver’s drinking is doubtful by driving the car, etc.; and (b) the Defendant was under the duty of driving the vehicle from the head of the police station in the Namyang-gu, the Police Station affiliated with the police station in the

Defendant 1 driven under the influence of alcohol, such as the Defendant’s body was unable to properly hold off the Defendant’s body, was in a studio, snow, and he was breathous.

It was demanded to respond to the measurement of drinking on the grounds that there are reasonable grounds to determine the person.

Nevertheless, the Defendant, who is a police official, received a request from the above E to the 20:36th day from around 20:47 to the 20:47 to comply with the measurement of drinking alcohol for about 11 minutes by inserting it into a drinking measuring instrument three times, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of the statutes governing the detection photographs;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity are as follows: (a) the Defendant issued a summary order of a fine of KRW 3 million on April 21, 2009 for a crime of violating the Road Traffic Act (refluence of alcohol measurement); (b) on May 13, 2010, a government district court issued a summary order of KRW 3 million; and (c) on May 13, 2010, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence; and (d) at the time of the instant crime, the Defendant stated in this court that the Defendant was drinking one-half of 6 p.m. per week from approximately 6 p.m. to 6 p.m.

In spite of the fact that the body is not properly accumulated and the driving of a motor vehicle has been conducted despite the fact that it is necessary to view the body, and upon receiving the report, the police officer's request for the measurement of drinking alcohol.

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