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(영문) 광주지방법원 해남지원 2014.07.16 2014고단113

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 13, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and driven B marina car leased and accompanied by the Defendant from around 1 km section to the roads from the front of the Jindo-gun, Jindo-gun, Jindo-gun, Jindo-do, to the roads from the front of the drinking aggregate of Jindo-gun, Jindo-do to the front of the said Eup 119 Safety Center.

2. On March 13, 2014, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) (e., refusal of measurement) driving the said math car as above at around 01:00.

The next day of the Jindo 119 Safety Center in front of the road was stopped and stopped.

Therefore, there are reasonable grounds to recognize that a police officer belonging to the Jindo Police Station C police station, who was dispatched after receiving 112 report, driven a motor vehicle while under the influence of alcohol, such as smelling the defendant, etc. on the same day, he/she failed to comply with the breath test before the Jindo 119 Safety Center on the same day, although he/she tried to take a breath test before the Jindo 119 Safety Center on the same day. He/she stated that he/she takes alcohol to the said police officer at the same place and went to

Nevertheless, the Defendant, from around 02:09 to around 02:44 of the same day, tried to measure drinking again by the police officer as pulmonary examination four times, but failed to comply with this.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (Refusal of measurement);

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the defendant under Article 62 (1) of the Criminal Act reflects his own fault in depth, that the defendant has no criminal record of imprisonment without prison labor or heavier, and that he has no criminal record; and