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(영문) 청주지방법원 2016.04.21 2015고단2186
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:55 on November 1, 2015, the Defendant: (a) while driving a motor vehicle for drinking alcohol on the front of the Cheongju-gu Jak-gu Jin-ro with a drinking alcohol, the Defendant was demanded by E-ray of the Cheongju-gu Police Station D District Unit of the Cheongju-gu Police Station to stop the said knife while the knife knife knife knife knife knife knife knife.

Therefore, the police officer confirmed the drinking of the defendant by drinking so that he was at the influence of alcohol, and arrested the defendant as an offender in the act of committing an offense, and led the defendant according to the zone D of the Seongbuk-gu Seoul Metropolitan Government Police Station D in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

The Defendant driven under the influence of alcohol on the same day from 07:07 to 07:37 of the same day, on the ground that the Defendant was able to walk with a light and walked with a light, while walking with a light, etc.

Even though there are reasonable grounds to determine a person, the police officers belonging to the D District of the D District of the D District Police Station, who requested the measurement of drinking by inserting the measuring instrument for the measuring instrument of drinking on three occasions, they did not see the defect of the drinking measuring instrument, but did not comply with the police officer's request for the measurement of drinking without justifiable grounds, by avoiding the measurement of drinking by means of drinking while drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of the Acts and subordinate statutes on photographs refusing measurement;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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