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(영문) 광주지방법원 순천지원 2017.03.31 2016고단2206
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 14, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from a slopeF belonging to the Steering Police Station Etic Zone, while driving a motor vehicle under the influence of alcohol on the front of C in the influence of alcohol at around 01:29 on September 14, 2016.

Although there are reasonable grounds to recognize it as a drinking measuring instrument, it was avoided by making the drinking measuring instrument sealed in his/her hand even though he/she was requested to respond to the drinking measurement by inserting the breag into a drinking measuring instrument over about 20 minutes.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. The Defendant, at the above time and place, is required by the E District F, to respond to the alcohol alcohol measurement by the E District EthicalF affiliated with the victim who was under the duty to drive alcohol at the above time and place, and five juveniles who were in and around G, H, I, and four other police officers, who were four other police officers, and the number of times when the victim was under the duty to drive alcohol at the above time and place is under lack of money;

The term “Ireh Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G, H and I;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. Application of Acts and subordinate statutes to photographs by cutting on-site evidence photographs, black stuffs images;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Crimes provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the refusal of drinking measurement) of the Act on the Aggravation of Concurrent Crimes shall be punished;

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