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(영문) 청주지방법원 영동지원 2013.04.18 2013고단4
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 15, 2012, at around 13:07, the Defendant: (a) while driving a drinking-free truck on the front side of the Geumcheon-gu, Yancheon-gun, Yancheon-gun, Yancheon-gun, the Defendant refused to comply with a request for a drinking test by a police officer without justifiable grounds, by avoiding the demand for a drinking-free test without justifiable grounds, even though he was required to comply with a drinking-free test by inserting 50 minutes of alcohol, such as smelling, smelling, smelling on the face, and making it possible for the Defendant to recognize that he was driving under the influence of alcohol from the slope E belonging to the Yancheon Police Station D District, which was called out after receiving 112 reports in relation to the occurrence of traffic accidents while drinking alcohol on the front of the Yancheon-gu, Yancheon-gun

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes on a photograph refusing measurement;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has a number of criminal offenses on the grounds of sentencing, the sentence shall be determined as ordered and the execution thereof shall be suspended, taking into account that the criminal records are committed by a number of defendants, but there are no criminal records other than

It is so decided as per Disposition for the above reasons.

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