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(영문) 창원지방법원 통영지원 2018.04.27 2018고단117

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 6, 2017, at around 00:05, the Defendant driven a vehicle under the influence of alcohol, such as driving the front road of a branch office of the Labor Office of the Employment of the Republic of Korea, which is located 1:69, 00 in a luminous-si, through a breath of alcohol, and under the influence of alcohol, from a slope D’s slope under the influence of alcohol.

인 정할 만 한 상당한 이유가 있어 15분 동안 3 차례에 걸쳐 호흡 측정 방식에 의한 음주 측정에 응할 것을 요구 받고도 입김을 불어넣는 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the detailed statement report on the situation of the driver who is placed in the main place, investigation report, and report on internal investigation;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;