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(영문) 창원지방법원 2014.06.10 2014고단806

도로교통법위반(음주측정거부)

Text

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

2.Provided, That 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 05:43 on February 22, 2014, the Defendant: (a) was driving a C Car with C Car on the E station in the window of Changwon-si; (b) was using a e station in the window of Changwon-si; and (c) was able to drive on behalf of the staff F who had been in the office; (d) was able to drive on behalf of others; (c) the Defendant’s speech is somewhat inaccurate; (d) the Defendant’s speech is very inaccurate; (e) the walk is very vague; and (e) there is considerable reason to recognize that the Defendant was under the influence of alcohol, such as the blood face face is red; and (e) the Defendant was under the influence of alcohol, from 06:30 to 07:10 on the same day, the Defendant was requested to take a breath test from the slope of the police officer in G zone on four occasions from H to 07:10 on the same day, but did not comply with the demand for

Summary of Evidence

1. Defendant's legal statement;

1. A statement of witness of the F;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (incompetence, etc.) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It shall be decided as ordered by the court on the grounds of probation, community service or order to attend education under Article 62-2 of the Criminal Act or more;