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(영문) 서울동부지방법원 2016.07.14 2016고단1642
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

around 04:44 on May 31, 2016, the Defendant driven a Dunst-Pacific cargo vehicle in the state of drinking on the road by the Defendant from Gangdong-gu Seoul Police Station guard C in the process of traffic and traffic safety control, and the Defendant driven a Dunst-Pacific cargo vehicle in the state of drinking on the road. The Defendant driven a motor vehicle under the influence of alcohol, such as the Defendant’s inaccurate and inaccurate drinking, and hacking of snow.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting four times in a sobreath of about 40 minutes.

Nevertheless, the defendant did not comply with the above police officer's measurement of drinking, and did not comply with the police officer's request for measurement of drinking 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. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to photographs which refuse to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime; the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Consideration of misunderstandings, etc.);

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

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