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(영문) 수원지방법원 성남지원 2015.11.17 2015고단1945
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2015, at around 18:15, the Defendant: (a) caused an accident of receiving a vehicle parked in the front parking lot located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) and (c) caused D, one’s wife, who requested D to “not to be subject to the revocation of a license, for the purpose of taking a drinking test instead of being taken off by the police officer, so as to avoid being subject to the revocation of the license,” and caused D to have D receive a drinking test instead of taking a drinking test.

Therefore, the Defendant made a false statement to the effect that he was driven by the police officer called up to D upon receiving a report from D, and received a drinking test from the above E.

Accordingly, the defendant assisted the above D to escape a person who committed a crime corresponding to a fine or heavier punishment.

2. On July 26, 2015, around 19:11, the Defendant violated the Road Traffic Act (refluoring to take a drinking level), the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument into a drunk for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, from the border of the G District District District at the branch police station where the Defendant reported the witness's statement that the Defendant was driving under the influence of alcohol and CCTV images, and the Defendant was called for a drinking test without justifiable grounds. However, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 30 minutes without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

2. Examination protocol of police suspect regarding D;

3. A traffic accident report (1) (2).

4. Application of Acts and subordinate statutes to a report on detection.

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, Article 151 of the Criminal Act concerning the facts constituting an offense.

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

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Order to attend lectures and order to provide community service under Article 62-2 of the Criminal Act;

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