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(영문) 창원지방법원 진주지원 2016.06.09 2016고단450
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as heavy snow and snow shocking, while driving the motor vehicle under the influence of alcohol on the front of a shooting airport located in the head of Sacheon-si, Sacheon-si, Sacheon-si, which was damaged by the front wheels, while driving the motor vehicle under the influence of alcohol on the front of the Stacheon-gu, Sacheon-gu, Sacheon-si.

Since there are reasonable grounds to determine a person, it was demanded from Sacheon Police Station C to respond to the measurement of alcohol by inserting approximately 30 minutes in a so-called so-called drinking measuring instrument at the Sacheon Police Station located in the Peace of the same Eup/Myeon on the same day as it was controlled by suspicion of drinking driving.

Nevertheless, the defendant means that "I am different only once," and the defendant has avoided it by means of telephone conversations, etc. and has not complied with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each Act and subordinate statute to a statement concerning the circumstances of the driver placed in the main place;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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