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(영문) 창원지방법원 진주지원 2019.10.23 2019고단996
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 June 7, 2019, at around 16:26, the Defendant is driving a two-lane of the two-lanes of the west-do road from the west-do surface to the west-do surface in the South-west Sea.

The contact accident occurred with other vehicles.

The Defendant received a report and received a request for the measurement of alcohol in a manner of inserting the breath for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as inabstinating the breath from a slope D belonging to the Southern Coast Guard C commander of the South Sea Police Station, and making a breath of the Defendant’s breath in the Defendant’s entrance, and making it difficult for the Defendant to take

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any internal investigation report (measures), any oral entry report, any circumstantial statement, any investigation report, any investigation report (report on the circumstances of any of the drivers), and any investigation report (Attachment to photographs refusing to measure any music content);

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Suspension of execution: Article 62 (1) of the Criminal Act (which recognizes the commission of a crime; which has not been punished for the last fifteen years or more);

1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;

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