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(영문) 수원지방법원 성남지원 2013.05.30 2013고단665
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 25, 2013, at around 15:15, the Defendant was required to comply with the drinking test by inserting approximately 30 minutes a drinking measuring instrument into a drinking measuring instrument, while driving a C-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test without good cause while “I will die if a drinking test is conducted, why is why we have, and why does not have to see.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Act and subordinate statutes to report on the circumstances of a host driver and investigation report;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant, the defendant is determined by taking into account the following: (a) the defendant's violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch on September 24, 2010; (b) the defendant received a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (refluence of noise measurement); (c) on March 24, 2011, at the Sungnam branch of Suwon District Court, a fine of KRW 1 million for the crime of violation of the Road Traffic Act (refluence of noise measurement); (d) there is

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