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(영문) 수원지방법원 여주지원 2013.06.14 2013고단331
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 18:50 on February 11, 2013, the Defendant: (a) avoided a request from a police officer to comply with a drinking test by inserting approximately 30 minutes of drinking, while driving a knife vehicle B while drinking alcohol on the front side of the Snife-gun, Snife-gun, Snife-gun, the Defendant, at around 5-3 Snife-gun, while drinking alcohol; and (b) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and drinking on the face, at the Snife-gun, the Snife-gun C police box located in the Snife-gun, at around 19:20 on the same day, he/she did not comply with a request for a drinking test by a police officer without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial report to, and the Acts and subordinate statutes governing non-measurementing drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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