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(영문) 의정부지방법원 2014.01.08 2013고단4120
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) (hereinafter “M”), the Defendant, from October 21, 2013 to October 30 of the following day, is driving BSM (SM)-5 cars owned by the Defendant under the influence of alcohol in the restaurant of “the old gate,” located in the Nam-gu, Nam-si, Nam-si, Nam-si, Nam-si, Nam-si.

같은 시 진건읍 하독정리 버스 정류장 부근에 이르러 깜박 잠이 들어 중앙선을 넘어 반대편 도로 가에 있던 C 소유의 주택을 들이 받았고, 그 교통사고로 인해 남양주시 D에 있는 ‘E병원’ 응급실에 입원하게 되었다.

A police officer of the Namyang-gu Police Station who was called out after receiving a report of 112 on the occurrence of a traffic accident, G required the measurement of alcohol to the defendant on the job because there are reasonable grounds to recognize that the defendant was under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, and breathing in the emergency room of the above hospital.

On October 6, 2013, the Defendant: (a) was requested to take a drinking test to G in an emergency room of “E hospital” for the foregoing reasons at around 03:03 on the same day; (b) around 03:14 on the same day; (c) around 03:25 on the same day; and (d) failed to comply with it without justifiable grounds.

2. The Defendant in violation of the Road Traffic Act is a person engaging in driving service of BSM 5 automobiles.

On October 6, 2013, the Defendant driven the said car at around 01:29, and proceeded at about 60km each hour from the west-ri to the west-ri speed of 85-2 lanes in order to drive the said car at around 01:29.

At the time of night, there was a duty of care to reduce speed to those engaged in driving service and to prevent traffic accidents by properly examining the right and the right of the vehicle.

그럼에도 불구하고 피고인은 술에 취해 이를 게을리 한 채 깜박 잠이 들어, 중앙선 넘어 반대편 도로 가에 있던 피해자 C 소유의 주택을 들이...

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