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(영문) 수원지방법원 평택지원 2018.04.26 2018고단344
도로교통법위반(음주측정거부)
Text

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

Reasons

Punishment of the crime

On February 14, 2018, the Defendant 01:10, at the D Mart parking lot located in Ansan-si C, driven a cub car into E.

At this time, F, which witnessed the scene of the defendant's driving, has a conflict while driving a vehicle and is in a big distance.

The same shall apply to the state of detention.

“The 112 Report was made to the effect that “,” and this was sent to the site by G District Assistant H and Police Officer of the Ansan Police Station G G District of the Police Station.

Defendant 1 driven under the influence of alcohol, such as smelling from the above police officers, snicking on the face of the Defendant with red and snicking.

인정할 만한 상당한 이유가 있어 음주 측정에 응할 것을 요구 받았으나 이를 회피하였고, 이어서 G 지구대 사무실에서 다시 2회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 음주측정기에 입을 가져 다 대는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The application of Acts and subordinate statutes to the register of survey reports on actual conditions of accident, field photographs of accident, photographs of refusal to measure drinking, reports on the situation of the driver in charge of drinking, notification of the results of crackdown on drinking driving, and the register of

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- There is a record of punishment several times for the same crime. In particular, there is a record of being sentenced to suspension of execution due to the crime of refusing to measure drinking, provided that there is a record of taking into account the circumstances leading to the instant crime. - The defendant is against his fault.

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