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(영문) 수원지방법원 성남지원 2013.09.05 2013고단1427
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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 June 29, 2013, the Defendant rejected the Defendant’s demand to comply with a drinking test by inserting approximately 20 minutes of alcohol measuring instruments into the 20 minutes of drinking, on the ground that there are reasonable grounds to recognize that the Defendant driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-n-kn-k

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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