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(영문) 수원지방법원 안산지원 2019.02.12 2018고단4405
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BMW car.

1. On October 21, 2018, the Defendant driven the said vehicle without obtaining a driver’s license from around about 6 km section from the front of a non-exclusive restaurant in the name of Seocheon-si to the front of the C apartment in the city of Shicheon-si, Seocheon-si, to the front of the C apartment in the city of Shiak-si.

2. On October 21, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) in front of the C Apartment at Sinung-si on October 21:57, 2018, and received as the front part of the BMW vehicle, the D owner, who was parked in the above place while driving the BMW vehicle.

At around that time, police officers G, who belong to the F police box of the Gyeonggi Silung Police Station, called the scene after receiving 112 report and confirming that the said BMW vehicle shocked the AW vehicle, and visited the C Apartment H, which is the Defendant’s residence, to find the owner of the BMW vehicle, after searching for the owner of the BMW vehicle.

On October 22, 2018, the Defendant was demanded from the police officer G to respond to the measurement of alcohol by inserting the breathm in three times from October 27, 2018 to 22:39 the same day, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as snicking, smelling, snishing, red, and large snicking, in which the Defendant was able to recognize that he was driving under the influence of alcohol.

Nevertheless, the Defendant has been drinking alcohol in Nacheon. The Defendant did not drive on his behalf. In other words, the Defendant stated that he was unable to perform his duties, i.e., e., franchis; i.e., chrons are infranchis; ii) and did not comply with a police officer’s request for alcohol alcohol measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The user ledger of the measuring instruments for drinking;

1. On-site photographs and measurement photographs;

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