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(영문) 전주지방법원 2016.12.20 2016고단1128
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 12, 2016, at around 17:19, the Defendant was required to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument while driving Epire two cargo vehicles in front of the Defendant’s livestock shed in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the North Korean Peninsula, on the grounds that there are reasonable grounds to recognize that the Defendant driven the Epire from the F of the Police Station in front of the front of the police station and from the slope G affiliated with the lower slope G, by

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Reporting on occurrence, autopsy and non-compliance with the Road Traffic Act;

1. Report on internal investigation (related to the details of 112 report on a suspected suspect's drinking alcohol driving, refusal of measurement of a suspected suspect's drinking, influence of alcohol, and attachment of photographs at the time of departure of a suspected suspect's drinking alcohol driving taken by a witness);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Act to provide community service or attend lectures - Two times before the same criminal records and other circumstances unfavorable to the accused: The circumstances favorable to the accused such as the operation without a license are more than three times before and after the violation of the Road Traffic Act, such as the operation without a license : the serious reflectness, the absence of any criminal records of the same kind, and minor children, etc.

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