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(영문) 광주지방법원 순천지원 2015.05.26 2015고단360

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six 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 December 27, 2014, the Defendant requested the police officer to comply with a drinking test for about 30 minutes of alcohol, but failed to comply with the police officer’s demand for a drinking test without justifiable grounds, inasmuch as there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking, such as smelling D, sniffing at the Defendant’s entrance, sniffing, sniffing, sniffing, and walking, etc. at the Net Police Station C District District of the Macheon-si B around 03:30,

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. Application of Acts and subordinate statutes to the report on the circumstances of running the driving of the driving of the driver and the report on the status of the driver;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant reflects the fact that he/she has no same kind of power: The fact that there is a character of obstruction of public service due to refusal of measurement;