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(영문) 수원지방법원 성남지원 2017.01.12 2016고단3472
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant driven a B-hand car at the 157 Han-gu Fashion Pashion Pashion Pashion Pashion Pashion Pashin Pash Pash Pash Pash Pash Pash Pash Pash, and received a report on the occurrence of a traffic accident involving a vehicle parked at the 112 place, and was under the influence of alcohol from a slope C belonging to the Gyeonggi-nam Police Station for the Change of Fashiness Pash, while drunking the Defendant into the face.

Even though there is a reasonable ground to determine a person, he/she has been requested to comply with the measurement of drinking by inserting four times in a drinking measuring instrument for about 30 minutes, 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. Written statements of D;

1. A survey report on actual conditions;

1. Application of enforcement photographs, field photographs and Acts and subordinate statutes;

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 (i.e., the violation of the punishment of a fine in the past and the absence of a previous criminal record);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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