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(영문) 전주지방법원 군산지원 2014.10.22 2014고단907
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 22, 2014, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling on the face, etc., from C to C of the transportation control department of the Yasan Police Station where the drinking control is on duty, while driving BM5 car on the front of the High School located in the Peacedong in the Yasan-si, Yasan-si.

Nevertheless, the defendant avoided it by keeping his hand and avoiding his seat, and did not comply with a police officer's demand for sobage measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the photographic Acts and subordinate statutes;

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

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

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