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(영문) 수원지방법원 안산지원 2012.12.21 2012고합556
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On May 23, 2008, the Defendant was released on July 30, 2009 and the remaining term of imprisonment was expired on September 22, 2009, when he was sentenced to one year of imprisonment with prison labor for violation of the Road Traffic Act (e.g., refusal of measurement) and the violation of the Road Traffic Act (e.g., drinking) in Ansan Branch of the Suwon District Court.

【Criminal Facts】

1. Around 20:40 on August 21, 2012, the Defendant violated the Road Traffic Act (measures to be taken after accidents) driving Cle-light vehicles at a dormitory complex located in the 945-6-dong, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, in order to damage the damaged vehicles and escape without taking necessary measures so that the Defendant could not know the costs of repair costs by driving the Cle-light vehicles on the left side of the victim D driving E-bow and GM7 car left side of the victim MF F driving in the opposite lane beyond the median line due to the influence of alcohol while bypassing them in the direction of view from the direction of the city middle school.

2. On August 21, 2012, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level), at a police box of the Ansan-si Police Station of the Ansan-si, Ansan-si, the Defendant was required to comply with the breath test by inserting the breath of the police box to the police officer assigned to the above police box who was dispatched after receiving a report of the same accident as the above paragraph (1), on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, and snicking on the face, etc. of the Defendant.

Nevertheless, the Defendant, from around 20:55 on August 21, 2012 to around 60 minutes, refused to comply with a police officer’s request for a so-called alcohol test without justifiable grounds.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report (1) (2) and on-site photographs (the fact of 2 on-board);

1. Defendant's legal statement;

1. On-site photographs and the ledger of the use of drinkbling meters (the previous record on the market);

1. Inquiry reports, such as criminal records, inquiry inquiries, and application of statutes on decisions on related cases;

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