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(영문) 광주지방법원 장흥지원 2016.09.01 2016고단123

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 16, 2016, at around 04:06, the Defendant: (a) 112 reported to the effect that he was seated with music inside D on the front road located in Heung-gun, Chungcheongnam-gun; (b) and (c) was subject to drinking control by the AssistantF of the police box sent to the said site after receiving a 112 report to the effect that “A vehicle is suspected of drinking.”

The Defendant was at the same time and at the place of drinking so that he was found to be a drinking state by the alcohol reduction, and was requested from the above slope F to take a drinking test, but he refused to take this test, and went to drive the above vehicle without any justifiable reason from the above slope F, who moved to the above house to the above house by the Defendant, on the ground that the Defendant was suspected of driving under the influence of alcohol at the time and on the grounds of “the state of words and behavior where the Defendant had a little range of vision, a small distance of vision, the walking condition, and the contents of 112 declaration that he is suspected of being suspected of driving under the influence of alcohol,” and the Defendant did not comply with the demand for a drinking test for three times from 05:06 to 05:17 of the same day, notwithstanding the fact that the Defendant was

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a suspect in violation of the Road Traffic Act (driving) and a report on criminal investigation (referring to behavior, etc. after drinking), notification of the results of the control of drinking driving, a report on the situation of a drinking driver, a criminal investigation report (including the details of receipt of the report, the situation at the time of arrival of the site, the situation at the time of request for the measurement of

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the defendant has the record of punishment six times due to the violation of the Road Traffic Act: The confession of the crime of this case and other defendants.