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(영문) 광주지방법원 순천지원 2014.03.05 2013고단2471
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

Around 02:12 on November 7, 2013, the Defendant: (a) while driving a motor vehicle of hurfed from the sculpted vehicle at the sculpted Zone C while drinking alcohol, there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking and smelling the horses from the slope E, etc. belonging to the department of the Police Station of the Jeonnam-gu Police Station, etc., while driving the motor vehicle of hurfed vehicle at the sculpted Zone C, and huring the horses, etc.; and (b) even though the Defendant was demanded from around 02:43 to about 03:03 to avoid the demand of the police officer

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation on the measurement of drinking alcohol and blood collection notice, and a report on the actual state of a drinking driver;

1. Report on internal investigation (the process, etc. of refusing to measure the relevant foods);

1. Application of Acts and subordinate statutes to photographs refusing to measure alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the violation against the defendant and the absence of criminal records exceeding the fine) in the suspension of execution;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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