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(영문) 수원지방법원 2017.11.29 2017고단4288
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a G-learning car in front of the F agency located in E at the time of harmony on May 18:28, 2017, while keeping the alcohol on the front of the F agency located in E, the Defendant was under control by the police officer I and police officers assigned to the G police station in the department of harmony, and was under control by the police officer, thereby driving the vehicle with a large color, such as a large red, and a large distance of vision.

As there are reasonable grounds to recognize, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant refused to take a drinking test by taking advantage of the influence measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

2. On May 28, 2017, the Defendant was subject to investigation into the Defendant’s status related to the instant violation of the Road Traffic Act (e.g., refusal of drinking measurement) at the guard of the police station in the Seosung Seo-dong, Seosung-dong, and the K office’s office around 13:05.

However, it is clear whether the Defendant is a previous fraud case, and the Defendant was examined as if he were L.

After completion of the investigation, the Defendant stated “the right to refuse to make statements” in the suspect interrogation protocol, “the confirmation of the right to assist counsel, etc.” and “L” in the column of a person who has made a statement at the end of the protocol, and submitted the same to the investigating police officer to forge and use his/her signature as if it was duly formed.

3. On May 27, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a G-learning car owned by the Defendant, which was not covered by mandatory insurance from a section of about 3 km from the road near the 910-dong, Sucheon-dong to the front road of the F agency located in the Silcheon-si, Silcheon-si, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of defendants (L) and M;

1. Statement of the circumstances of the driver in charge;

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