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(영문) 의정부지방법원 2014.05.27 2014고단782
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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 March 8, 2014, at around 22:40, the Defendant was required to respond to the drinking test by police officers three-minutes from the Tju Police Station Assistant C, on the ground that there are reasonable grounds to recognize that he/she was driving of a new character motor vehicle while under the influence of alcohol, such as drinking, smelling, influence, in front of the Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, and Go-dong, and he/she was under the influence of alcohol, and he/she did not comply with the request for the drinking test by police officers without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of reports on the state of drinking drivers, and the ledger of usage of drinking meters;

1. Relevant Article of the Act and Articles 148-1 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15548, Apr. 1, 2011; Supreme Court Decision 2006Da1548, Apr. 1, 2006)

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

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

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