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(영문) 수원지방법원 2017.03.14 2016고단6894
도로교통법위반(음주측정거부)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 17:30, 2016, the Defendant was driving a C Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

2. On September 5, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road, while driving a CKan-P car in a state of drinking on the road in front of the 2JX Doll, PDX Doll, PDX Doll, Sin-si, Suwon-si, Suwon-si, Suwon-si, PDX.

“A person who was driven under the influence of alcohol on the part of the Defendant, such as by drinking alcohol in the Defendant’s entrance from E in the guard of the police station of the Suwon Police Station, after receiving the report of 112, and driving under the influence of alcohol.

Due to reasonable grounds, there was a demand from around 17:54 to around 18:24 of the same day to respond to the measurement of drinking on three occasions.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as taking a dog, avoiding it, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. The driver's license ledger;

1. Photographs, investigative report - Application of the laws and regulations governingCCTV content

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of a small amount (see, e.g., Supreme Court Decision 53 and subparag. 55 subparag. 13)

1. Article 62-1 (1) of the Criminal Act on the suspension of execution (defensive consideration in favor of the latter);

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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