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(영문) 수원지방법원 평택지원 2016.03.31 2015고단1917
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 5, 2015, around 10:03, the Defendant: (a) driven under the influence of alcohol, such as: (b) the Defendant’s face was red; (c) the Defendant was arrested in the act of committing an act of assaulting, and was under the influence of alcohol, and the Defendant was under the influence of alcohol, when he was under the influence of alcohol, by driving the Defendant’s rocketing car prior to the C cafeteria located in Ansan, with the report of 112 that there was suspicion that the Defendant would drive under the influence of drinking; and (d) he was arrested in the act of assaulting to the scene by the E Baf affiliated with the slopeF to which he was called.

If there is a reasonable reason to designate a person, the police officer assigned to the E police box, etc. of 10:5 on the same day, 11:07 police officer, 11:18 police officer, 11:28 police officer, and 11:28 police officer, but did not comply with a police officer's request for the measurement of drinking alcohol on four occasions on the same day, without justifiable grounds.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

1. Determination on the application of the O Sentencing for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: Non-applicableO 2010, which caused a human life accident due to driving under the influence of alcohol in 2010 and a suspended sentence was rendered again for driving under the influence of alcohol in 2013, taking into account all circumstances, such as the repeated driving of the instant drinking, etc.

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