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(영문) 수원지방법원 성남지원 2019.01.24 2018고단2529
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 October 29, 2018, at around 04:30 on October 29, 2018, the defendant was requested to respond to the drinking test by inserting alcohol while driving a motor vehicle while driving the motor vehicle, which caused a traffic accident on the roads adjacent to Busan IC, and called for after receiving a report by causing a traffic accident. The defendant was refused to comply with the drinking test by putting the driver into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the defendant driven the motor vehicle while driving the motor vehicle under the influence of alcohol, such as a cross-ropic and cross-ropic distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the status of a drinking driver), ledger of use of a drinking emitting machine, and notification to the department reporting the 112 Incident;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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