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(영문) 광주지방법원 목포지원 2014.06.09 2014고단350
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

On March 31, 2014, at around 23:58, the Defendant was driving a B camb on the road in front of the camburg-ro, a wooden Police Station, where he was under the influence of alcohol, and was required to take a cambling test on three occasions for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from the traffic control gauge C, which was under the control of drunk driving at which he was under the influence of alcohol.

Nevertheless, the defendant did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports and drinking control photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 2, 201; 201Do1139, Feb. 2

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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