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(영문) 수원지방법원 안산지원 2019.09.10 2019고단837
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 5, 2019, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes, such as smelling and smelling on the face, from the superintendent E belonging to the G District in the Gyeonggi Singu Police Station D District, while driving a rocketing car in the influence of alcohol on the road B prior to the Singuing on February 5, 2019, while he was under the influence of alcohol.

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

Summary of Evidence

1. Legal statement of witness E;

1. Taking photographs of which the alcohol level is refused;

1. Application of video-related Acts and subordinate statutes to video-related Acts and subordinate statutes to photographed motion pictures;

1. Relevant Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. All circumstances, including the fact that the Defendant had been sentenced to a fine for drunk driving twice for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that the Defendant did not seem to have any attitude against the mistake while denying the crime;

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