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(영문) 창원지방법원 밀양지원 2013.11.07 2013고단470
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 23, 2013, at around 00:25, the Defendant was demanded to comply with the drinking measurement by inserting the drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol due to drinking on the front of the above C community hall, scambling, scambling, and scaming the Defendant’s face while driving the d and sealed freight vehicle at around 3 kilometers of the 3-meter from the Museum’s parking lot, instead of being opened in the city of the Eup, and was driving the d and sealed in the front of the C community hall at around the 3-meter from the Museum’s parking lot.

Nevertheless, the defendant did not comply with the police officer's request for alcohol testing without justifiable grounds due to the defendant's house in the vicinity of the above C Community Center, when he driven by G while leaving his husband, or the defendant's house in the vicinity of the above C Community Center.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigate and report on the field measures (Attachment of photographs);

1. Relevant 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 for discretionary mitigation;

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