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(영문) 수원지방법원 안산지원 2017.12.22 2017고단3011
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 10, 2017, the Defendant: (a) discovered the Defendant, while driving a CK7 car on the front of the B B-road at Silung City on August 10, 2017, he was driven by E, affiliated with D District Unit of the Silung Police Station at Silung-gu, Seoul, with a report; (b) driven under the influence of alcohol by the Defendant, such as smelling and smelling red on the face.

Due to reasonable grounds, E was demanded to respond to the measurement of drinking alcohol by inserting the whole in four times from August 10, 2017 to August 10, 2010.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act concerning the crime (the selection of imprisonment, the same kind of drinking, the circumstances at the time of the crime, and the sexual conduct, etc. shown in the records of the crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflection of depth and the fact that there has been no history of punishment exceeding a fine for the last five years) of the mitigated amount of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act where the detention of a defendant's family member living together appears

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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