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(영문) 수원지방법원 성남지원 2014.04.17 2014고단188
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment for six months;

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2009, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Sungwon District Court's Sungnam branch, and on November 21, 201, issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (Dangerous Driving) from the same support.

On October 20, 2013, at around 20:06, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting alcohol measuring four minutes into a drinking measuring instrument four minutes, on the ground that there are reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as drinking, smelling, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

2. A report on the state of his/her oral statement;

3. A written report from an employer;

4. Previous convictions: Application of Acts and subordinate statutes concerning criminal records.

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Probation and community service order under Article 62-2 of the Criminal Act;

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