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(영문) 창원지방법원 2014.09.05 2014고단1070
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 9, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court, and KRW 3 million as a fine in the same court on December 10, 2012.

【Criminal Facts】

On March 9, 2014, the Defendant was driving a B-be vehicle on the road in front of the W-beopter station located in the Jambag-gu, Jambag-gu, Changwon on March 15:08, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, drinking, and drinking, by C by the police officer assigned to the transportation control department of the Jamba Police Station, under the influence of drinking, etc., and did not comply with the demand for a drinking test on three occasions from around 15:20 to around 15:50 of the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes No. 2, 3, and 6 to the evidence list submitted by the prosecutor;

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 chosen (see, e.g., previous conviction);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects voluntary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there are no criminal records of the same kind, other than the previous convictions, and the fact

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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