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(영문) 대구지방법원 상주지원 2016.06.28 2016고단128
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant driven a C-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Even though a police officer's demand for the measurement of drinking by inserting the breath of alcohol in a breath of the same day, he/she did not respond to the police officer's measurement of drinking without justifiable grounds, such as refusal to measure the first drinking on the same day 21:01, refusal to measure the second drinking around 21:11 on the same day, refusal to measure the second drinking on the same day, refusal to measure the third drinking on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Inquiries about the results of drinking control and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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