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(영문) 수원지방법원 여주지원 2017.11.24 2017고단1276
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 6, 2017, at the Defendant’s house located in Ischeon-si, Leecheon-si, the Defendant: (a) returned home to the Defendant’s house located in Leecheon-si; (b) went home under the influence of alcohol to gather an electric brue with a brue with a brue, and destroyed the two-story door glass of drinking, thereby damaging the damaged property owned by the victim E so that the repair cost can be destroyed.

2. On September 6, 2017, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), who returned to the Defendant’s house after drinking alcohol on a non-fluorial ground on September 19:56, 2017, and was parked in the Defendant’s house while under the influence of alcohol, was driving a car with F F F food 308, which is owned by the Defendant’s company of the Kavi Capital, and returned to the Defendant’s house at Ethcheon-si G Buddhist land

On September 6, 2017, the police officer I, who was called up after receiving a report, observed that the Defendant was moving back to a police station at the Leecheon Police Station H police station, and demanded the measurement of alcohol by inserting the breath to a drinking measuring instrument during several times from around 20:07 to 20:17 on the same day.

Nevertheless, under the influence of alcohol, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds by avoiding things or having weak ability to make decisions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver who is employed each week;

1. Written Statement;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of the Acts and subordinate statutes of each statement protocol to E and J;

1. Relevant Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act (with respect to the punishment prescribed for a crime of violating Road Traffic Act) for the mitigation of mental or physical weakness;

1. The assertion of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (aggravating the penalty prescribed for the crime of destroying heavier property, but the lowest penalty is prescribed for the crime of violating the Road Traffic Act).

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