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(영문) 수원지방법원 여주지원 2018.04.25 2018고단224
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 January 19, 2018, around 02:55, the Defendant was driving a echeon Bus No. 980-ro, Leecheon-ro, Leecheon-si, a public bus of Leecheon-ro, a 980-ro, before the public vehicle notice, while taking the central separation stand and stopping.

A policeman belonging to the Leecheon Police Station C District of the Gyeonggi-do Police Station who was called to the site after receiving the report of this accident, D was driven under the influence of alcohol as a result of the fact that the defendant, who was sitting in the driver's seat of the said vehicle, was snick, snick, red, snick, and confirmed that he was drinking, and that he was under the influence of alcohol.

There is a reasonable reason to determine a person, and there was a demand to respond to the measurement of drinking by inserting approximately three minutes into a drinking measuring instrument on three occasions between 22 minutes.

Nevertheless, the Defendant did not comply with a police officer’s demand for drinking alcohol measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act was that the Defendant caused an accident involving the center separation of the road while driving under drinking, and the Defendant was able to take a bath for the police officer and refused to comply with the demand for measurement of drinking alcohol.

The defendant is against the crime and has no record of criminal punishment.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. shall be determined as per the order.

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