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(영문) 창원지방법원 통영지원 2017.12.20 2017고단1480
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2017, the Defendant was under the influence of alcohol by the Defendant, such as the following: (a) smelling from the police officer E during the police box belonging to the police station of Gosung-gun, Gosung-gun, Gosung-gun, the Defendant was under the influence of alcohol: (b) on October 18, 2017; (c) the Defendant was under the influence of alcohol from the police officer E, who was in charge

Since there is a reasonable reason to determine a person, he/she was requested to respond to a drinking reduction test on the job, and was requested to continue to comply with a drinking test on the same day. At around 20:33 on the same day, around 20:39 on the same day, and around 20:47 on the same day, he/she again requested a police box located in the F in the High Military F to comply with a drinking test on three occasions without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to each investigation report (report on the situation of a driver driving, refusal to measure drinking, etc., and photographs refusing to measure drinking);

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

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. An order to attend a course under Article 62-2 of the Criminal Act;

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