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(영문) 인천지방법원 부천지원 2016.02.16 2016고단107
도로교통법위반(음주측정거부)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driving a motor vehicle under the influence of alcohol, such as being driven by a person who was under the influence of alcohol at the driver’s seat for 2nd line going back to and from the south 2nd line in the south 2nd line within the transmission line of Seocheon-si, Seocheon-si, Seocheon-si, in the presence of the Defendant, while under the influence of alcohol, “a man under the influence of alcohol at the driver’s seat” was under the influence of alcohol measured by D, who was dispatched after receiving a report 112, while driving the motor vehicle under the influence of alcohol, such as being under the influence of alcohol, such as a person under the influence of alcohol, who was under the influence of alcohol, under the influence of alcohol, who was under the influence of alcohol, under the influence of influence of alcohol, such as

There are reasonable grounds to determine a person, even though he/she has been requested to respond to the measurement of drinking by inserting three times a drinking measuring instrument for about 30 minutes, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. On December 31, 2015, at around 00:44, the Defendant, at the same place as indicated in paragraph (1) and in the process of arresting a flagrant offender for the same reason as indicated in paragraph (1), deemed that “Crheat fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe fe fe fe f.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the circumstances of driving at home and a report on the detection of a driver at home;

1. Application of the Acts and subordinate statutes to photographs of victim D's parts, documentary and field photographs, CCTV photographs for crime prevention at the scene of the case, and B's b's b's b's c's stuff photographs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the defendant's mistake) of the mitigated amount of punishment (Article 53 and 55(1)3 of the Criminal Act).

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