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(영문) 창원지방법원 거창지원 2014.12.10 2014고단325
도로교통법위반(음주측정거부)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2014, at around 01:10 on August 17, 2014, the Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in a breath of alcohol, on the grounds that there are reasonable grounds to recognize that he was driving of a motor vehicle while under the influence of alcohol, such as smelling and smelling at a slope Facknc, belonging to the Sac Police Station E box belonging to the Sac Police Station, while driving a Dkncknc vehicle in front of C in Sac-gun, Sack-gun.

Nevertheless, the defendant refused this and did not comply with a 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. The prosecutor's statement concerning G;

1. Application of the police protocol of statement to F;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor (such as the fact that a person has a criminal record of the same kind, the fact that a person has driven a vehicle in spite of the police restraint, and the fact that an investigative agency has caused his/her relative to make a false statement when driving the vehicle);

1. Article 62 (1) of the Criminal Act (i.e., confession and consideration given in favor of the fact that there is no previous conviction or heavier for the latest ten years);

1. Social service order under Article 62-2 of the Criminal Act;

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