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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1496
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

The defendant is the driver of the Category B vehicle.

On March 2, 2017, the Defendant driven the foregoing marina vehicle under drinking alcohol at a distance of about 1 km from the front of the Dong and the front of the Dong community center in Ansan-si on March 2, 2017 to the front of the Dong community center in the same Gu C.

4 times (one time: 00:28 minutes on March 2, 2017, two times: 00:38 minutes on the day: 00:38 minutes on the day: 3 times: 00:48 minutes on the day, 00:48 minutes on the day, 00:58 minutes on the day: 4 times: 00:58 minutes on the day) from police officers belonging to the police boxes of E on the road located in C due to reasonable grounds to determine a person, but the defendant has failed to comply with the request for the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on drivers of drinking alcohol and the ledger of users of measuring instruments for drinking alcohol;

1. Application of each statute on photographs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (including confessions and reflects against crimes, and absence of any record of criminal punishment exceeding fines);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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