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(영문) 춘천지방법원 강릉지원 2013.09.05 2013고단485
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 18, 2001, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (Refusal of measurement) at the Gangnam Branch of the Chuncheon District Court on July 25, 2005, a fine of three million won for a violation of the Road Traffic Act (driving) at the same court on July 25, 2005, a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on July 25, 2007, and a fine of four million won for the same court on April 23, 2012, respectively.

On July 10, 2013, around 20:30 on the 20:0 on the 20:0 on the 20:30th day of the East Sea, the Defendant driven a motor vehicle in front of the Donung apartment in front of the Donung apartment, and escaped without taking any measures, by driving the Donung apartment, which is parked on the right side of the direction of the running.

At around 21:45, July 10, 2013, when the Defendant was able to file a report on the foregoing contents, G et al., of the police box of the East Sea Police Station, he found the Defendant within the first week located at H during the East Sea, and voluntarily operated the Defendant with the Ftation of the East Sea Police Station in order to investigate the traffic accident with the consent of the Defendant.

The above slope G, at the time of finding the Defendant at the above I point, found the Defendant at the above I point, was in a state of drinking to the extent of 100 drinking, but the Defendant’s smell was in an incorrect state, the face was red, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol at the time of the occurrence of the above traffic accident, which occurred at the time of the above I point, demanded that the Defendant comply with the alcohol measurement by inserting the Defendant’s fabbbation inside the police box of the East Sea Police Station from July 10, 2013 to 22:54.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. The defendant;

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