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(영문) 광주지방법원 목포지원 2015.09.08 2015고단850
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 6, 2015, at around 20:25, the Defendant was required to comply with the alcohol alcohol measurement by inserting the front roads of the Hanyang apartment in the Yong-gu, Young-gu, Young-gu, Youngnam-gun, the Defendant, while driving the Hanyang apartment in front of the Hanyang apartment in a state of drinking, snife B in the Defendant’s entrance, sniffing, face, red, and unbring the body, and driving a drinking while under the influence of alcohol, such as a short distance, while driving the Hanyang apartment in front of the Hanyang apartment in a state of drinking, the Defendant was demanded from around 21:0 of the same day to around 21:20 of the same day to comply with the alcohol alcohol measurement by inserting it into a drinking measuring machine.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol measurement without justifiable grounds, such as: “A bitch bitch bitch bitch bitch bit,” avoiding inserting the whole influor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of a drinking house and the statement of the circumstances of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (the contents of direction of prosecutor), investigation reports (the case of refusal of sound measurement);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Criminal Act appears to have been divided by mistake of the defendant, and the defendant again desires not to drive drinking again in the future, and all other circumstances, including the defendant's age, character and conduct, environment, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, shall be determined as ordered by the court.

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