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(영문) 광주지방법원 목포지원 2016.11.03 2016고단656
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 February 12, 2016, around 05:17, the Defendant was found to have a starting point on the one-lane of the three-lane distance of the public health clinic, which is in a spoke-dong at a spoke-si. The Defendant was demanded to comply with a drinking measurement three times from 05:43 to 06:24 on the same day from the slope of the above police box at a wooden Police Station located in W, for the reason that it is reasonable to recognize that the Defendant driven the above cargo while under the influence of alcohol, such as drinking, drinking, drinking, drinking, and driving, while drinking, while driving the said cargo at the spoke-dong.

However, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial report, on-site photographs, investigation reports, and the Acts and subordinate statutes of the next time of the driver;

1. Relevant Acts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend the course of compliance driving is five times the defendant with the reason of sentencing under Article 62-2 of the Criminal Act. The crime of this case is committed prior to the expiration of the probation period, taking into account the circumstances such as unfavorable circumstances, the support of hospitalized wife and his family members, and reflects mistake, and the execution of sentence is suspended. However, considering the above unfavorable circumstances and possibility of recidivism, it is deemed necessary to provide community service and attend the compliance driving course for a considerable period of time along with probation. Thus, it is so ordered as per Disposition.

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