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(영문) 수원지방법원 여주지원 2019.02.15 2018고단1156
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 14, 2018, the defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties, and the judgment on February 22, 2018 becomes final and conclusive and conclusive, and is currently under suspension of execution.

1. On August 21, 2018, at around 03:27, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling on the slope E belonging to the D District of the Leecheon-gu Police Station D District, which was called out after receiving a report of 112, while driving the said vehicle in front of the B on the road.

Nevertheless, the defendant did not comply with a police officer's request for a sobage measurement without justifiable grounds by explicitly refusing to put the legal evidence that he directly renders a self-control of his driving, driving under the influence of alcohol, to bring about the legal evidence, to the flaz, to the sound, and to put the fla

2. On October 23, 2018, the Defendant: (a) around 01:22, 201: (b) driven C-roping cars under the influence of alcohol with a level of 0.108% of alcohol alcohol concentration from the road front of the mutual influorial heading in the Chang-dong, Leecheon-si to the road front of the same city F-building to the road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Reporting on occurrence of a violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to report criminal investigation (report of confirmation during the suspension of execution of sentence);

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;

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