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(영문) 광주지방법원 목포지원 2016.11.04 2016고단862
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 January 23, 2016, the Defendant was required to respond to the measurement of drinking in a manner of inserting it into a drinking measuring instrument three times from 01:09 to 01:29 on January 23, 2016, when the Defendant paid a traffic accident involving the street trees and two vehicles parked in the E-be-cracked vehicle operated by the Defendant in Faba in Faba Si on the same day on the same day, and then smelling at the entrance, and the babbrance was deemed to have driven a motor vehicle while under the influence of alcohol, such as a babbro-distance, etc. on the same day.

Nevertheless, 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. The application of Acts and subordinate statutes to any investigation report on actual condition, refuse to measure, photograph, report on the actual state of driving under the influence of alcohol, notification of the results of the regulation of drinking driving, the ledger of use of a d

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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