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(영문) 수원지방법원 안산지원 2016.04.21 2015고단3447
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 20, 2015, the Defendant driven a coo car at a section of about 10 meters up to the entrance of the parking lot at the front public parking lot of the Dong-dong community center in Ansan-si, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 43-ro, Seoul Special Metropolitan City, while driving a coo car at the section of about 10 meters up to the entrance of the parking lot. On September 20, 2015, the Defendant was under influence of alcohol, such as

There is a reasonable reason to determine the person, who was requested by the F superintendent of the F police station E division of the Ansan-gu Police Station to measure the first alcohol consumption, but did not comply with the request.

Then, at the same place, the Defendant received a second alcohol test from the head of the F F, but did not comply with the request. At around 23:24, the Defendant received a third alcohol test from the G circumstances belonging to the same district group, but did not comply with the request. Then, at around 23:42, the Defendant was requested for the fourth alcohol test from the E region located in H in the Dong-gu Si of Ansan-si, Ansan-si. but did not comply with the request.

Accordingly, the defendant is in a drunken state.

A person who has a reasonable reason to be appointed and has not complied with a police officer's request for a measurement of drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness I and F each testimony;

1. Fact-finding reports on drivers who are placed in driving, questions of an order for summary, circumstantial reports on drivers who are placed in driving, and inquiries about the results of regulating drinking;

1. Photographs;

1. The application of Acts and subordinate statutes to each investigation report and investigation report (the review report on the person against whom the action is brought against him/her);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Code of the Social Service Order (the defendant and his defense counsel) provides notification to a driver who fails to comply with a request for the measurement of drinking at intervals of ten minutes at intervals of not less than three times to the disadvantage resulting from the non-compliance with the measurement of drinking, and the notification is treated as refusal of measurement despite such notification.

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