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(영문) 의정부지방법원 2014.07.08 2014고단1360
도로교통법위반(음주측정거부)등
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of Measurement) is a person driving a BNS car owned by Hyundai Capital Capital Co., Ltd., and around March 28, 2014, the Defendant received the signboards set up in the upper part of the front part of the said car, which was driven in front of the Handong Agricultural Co., Ltd., Ltd., which was located in the first half of the said road while drinking a road at the same time, located in the direction of the first half of the said car.

The Defendant was required to respond to the measurement of drinking alcohol by inserting four minutes of the alcohol measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the Defendant’s drinking, smelling, smelling, sniffing, and booming from the police box D or E, who was called upon upon the report of the occurrence of the foregoing traffic accident, and driving under the influence of alcohol for about 40 minutes.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

2. Around 21:50 on March 28, 2014, the Defendant insultd the victim by openly referring the victim to “a bad fluent fluent fluent fe, fluent fluent fe, fluent fe, fluor,” which was reported by the victim as referred to in paragraph (1) on the roads front of the 871, Dongcheon-dong YAF, Macheon-dong, the Defendant, at the driver’s seat, demanded the victim to leave the vehicle at the driver’s seat, and there were many residents reported.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. A statement of F and G;

1. Report on the actual state of driving under the influence of alcohol and the ledger of the use of drinking measuring instruments;

1. A complaint;

1. Application of traffic accident reports, accident site photographs, and the Acts and subordinate statutes that measure drinking of suspects;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;

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