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(영문) 수원지방법원 성남지원 2017.01.13 2016고단3637
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for 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

On November 15, 2016, the Defendant driven a small-scale car in front of the convenience store in Sungnam-si, Sungnam-si, with drinking alcohol, and was under the influence of alcohol, by driving a small-scale car in front of the convenience store in Sungnam-si, and receiving a report of 112, and driving it from E belonging to the D police station of the Gyeonggi-do Police Station, which called for, and called for, the Defendant, while under the influence of alcohol, such as inafluencing the Defendant

Even though there are reasonable grounds to determine a person, he/she has been requested to comply with the measurement of drinking by inserting three times a total of about 30 minutes in a drinking measuring instrument, he/she did not comply with a police officer's request for measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

1. Statement report on the circumstances of driving a alcoholic beverage, the ledger using a drinking measuring instrument, and report on the circumstances of driving a alcoholic beverage;

1. 112 Declarations;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment (defluences, the same kind of crime, and various types of crimes, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (no criminal record of the suspended execution or heavier punishment for the same crime);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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