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(영문) 광주지방법원 목포지원 2014.03.21 2014고단66

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant, at around 22:20 on January 11, 2014, has a reasonable ground to recognize that he driven a vehicle B i30 vehicle on the front side of the Yandong Second apartment located in Heungpo City, and had been under influence of alcohol, such as smelling and smelling red on the face, etc., by the Defendant, from C of the Hean Police Station affiliated with the Hean Police Station, who controlled the drinking driving at that time, the Defendant refused to comply with a request for a drinking test by a police officer without justifiable grounds, even though he was required to comply with a drinking test by inserting three minutes from around 22:41 to 23:01 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Application of Acts and subordinate statutes to photographs refusing measurement;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that have received each of the records of being sentenced to imprisonment, sentenced to a fine of 500,000 won in the year 205 due to a drunk driving, and sentenced to a fine of 2.5 million won in the year 2010;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the crime is recognized and reflected, the fact that there is no other penalty power except the above criminal records, and support wife and children);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;