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(영문) 인천지방법원 부천지원 2014.07.24 2014고단1370
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 May 18, 2014, at around 05:48, the Defendant was required to respond to the drinking measurement by inserting a drinking measuring instrument into a drinking measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle B under the influence of alcohol, such as smelling and smelling on the face, while driving a motor vehicle B in front of the direction of the drinking distance of 392 mp. 7, the driving of the motor vehicle B in front of the direction of the drinking distance.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to field photographs, notices of the results of crackdown on drinking driving, reports on the circumstances of drinking driving and circumstantial reports on drinking drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and imprisonment with prison labor;

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

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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