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(영문) 춘천지방법원 속초지원 2015.09.23 2015고단271
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 11, 2015, at around 19:13, the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 30 minutes from around 20:57 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, and drinking, in an inaccurate and inaccurate manner.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on photographs concerning refusal to measure drinking;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation: Imprisonment with prison labor for six months;

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