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(영문) 서울동부지방법원 2016.04.20 2016고단27
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant: (a) while driving a C QM3 vehicle while drinking alcohol on the front side of 82-ro 29-16, Nam-gu, Seoul, Nam-gu, Seoul, 82-ro, 2015, the Defendant: (b) while driving the vehicle on the front side of 29-16, the Defendant is divided into the Defendant’s drinking alcohol and smelling from the Gangseo Police Station guard and his slopeD; and (c) while driving the vehicle under the influence of alcohol, such as a balking distance.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 44 minutes into the divers of drinking.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing without justifiable grounds by avoiding inserting the part of a drinking measuring instrument into a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and details of crackdown;

1. Investigation reports and the application of Acts and subordinate statutes concerning refusal of measurement of alcohol;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution (hereinafter “Suspension of Execution”) of the Criminal Act provides that “A person shall be punished by a fine not exceeding three million won due to a refusal to measure drinking alcohol at around 2003, a fine not exceeding one million won due to a driving on around 2004, a fine not exceeding four million won due to a driving on around 2006, a fine not exceeding 1.5 million won due to a driving on around 2006, a fine not exceeding 2.5 million won due to a driving on drinking on around 2010, and a fine not exceeding 2.5 million won due to a driving on drinking at around 2010, but shall not be punished again. However, the person with disabilities shall not be punished by a fine more severe penalty than

The normal circumstances, such as the fact that the person has been pened in depth, etc.

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