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(영문) 수원지방법원 안산지원 2018.04.05 2018고단504
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2017, the Defendant driven a B-hand motor vehicle under the influence of alcohol from around 50 meters in a section of around 50 meters in the front of the Han River located in the Han River in Ansan-si, Ansan-si to the front road of the apartment of the 39 high village, from the Han River located in the same Gu, while driving a motor vehicle under the influence of alcohol from around 23:00 to the front road of the Han River in the same Gu, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the circumstances D belonging to the Police Station C of the Ansan-si Police Station in the

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

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the circumstances of the driver in charge);

1. The ledger using the measuring instruments for drinking;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (2) of the Road Traffic Act (the choice of imprisonment, in consideration of the records of the same kind of crime) concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;

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