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(영문) 춘천지방법원 영월지원 2017.02.14 2016고단541
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2016, the Defendant, who refused to measure the first alcohol alcohol, driven a motor vehicle with D low alcohol while drinking in the front of the “C photographic Library” located in the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do.

The Defendant, at around 18:17 on the same day, was driven under the influence of alcohol by a police box of the Bupyeong Police Station F of the Sejong Military Police Station, who was reported by a drinking driver, from G to the police box affiliated with the above police box that received a 112 report that he/she had a drinking driver, while drunking him/her from G to the face of his/her face.

There is a reasonable reason to determine a person, and even if he/she was requested to comply with the measurement of drinking at intervals of about 10 minutes by inserting the whole part of a drinking measuring instrument three times, he/she did not comply with the request for measurement without justifiable grounds.

2. On November 27, 2016, the Defendant: (a) re-driving a passenger car as set forth in paragraph (1) of the said paragraph while drinking alcohol on the street, adjacent to the “I” located in the Pyeongtaek-gun of Gangwon-gu, Gangwon-do; (b) around November 27, 2016.

The Defendant was driven under the influence of alcohol, such as smelling and smelling to the Defendant from K at the same time, at the same place, and on the face of the police box of Pyeongtaek-gu Police Station, after receiving a report of 112 having a drinking driver, while driving the Defendant under the influence of alcohol.

There is a reasonable reason to determine a person, and even if he/she was requested to comply with the measurement of drinking at intervals of about 10 minutes by inserting the whole part of a drinking measuring instrument three times, he/she did not comply with the request for measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Lritten statements;

1. A written report on the details of control and the statement of the circumstances of the driver of each drinking beverage;

1. Application of the Acts and subordinate statutes governing photographs and field images;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment for a crime, and each of the choice of punishment;

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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