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(영문) 광주지방법원 목포지원 2014.01.23 2013고단1808

도로교통법위반(음주측정거부)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

While the Defendant, at around 18:10 on July 28, 2013, driven a new village of the Hapyeong-gun, Hapyeong-gun, Hapyeong-gun, a new village of the Hapyeong-do, was driven by B, there are reasonable grounds to recognize that he was driven under the influence of alcohol by the Defendant from the slope C belonging to the Hapan Police Station, such as smelling and smelling red on the face, etc., he did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, even though he did not comply with a police officer’s demand for the measurement of alcohol by inserting the breath of alcohol over about 30 minutes

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;