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(영문) 광주지방법원 2014.05.29 2014고단1063

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2014, at around 00:50, the Defendant, while driving a BM5 car at the distance of Jeonnam University located in Jeonnam-dong, Gwangju, with drinking alcohol, was seated on the driver’s seat while stopping at a two-lane between four-lanes of letter.

Upon receipt of a report, the Defendant was arrested as a flagrant offender and requested to respond to the alcohol alcohol measurement by inserting approximately 30 minutes into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling from the slope C belonging to the Gwangju Northern Police Station, taking a smell on the face, etc., and driving under the influence of alcohol.

Nevertheless, the defendant alleged that he did not drive a drunk, and did not comply with a police officer's request for sobreath test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of the report on detection of the driver and the report on the status of the driver; and

1. Application of each of the visual Acts and subordinate statutes to a photograph pertaining to drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., confessions and reflects);

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;