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(영문) 의정부지방법원 2014.01.24 2013고단4212
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 October 31, 2013, around 23:38, the Defendant was driving a BKan-2 car in the front of the “gynch Sagle 10-ro 4, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, which was under the influence of alcohol driving control, while driving the BKan-si on the road. There is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and photographing, from D, the police box at the Sacheon Police Station C, which was under the control of drinking driving at the time, the Defendant was demanded from around 23:38 on October 31, 2013 to around 0:19 on November 1, 2013, to comply with the drinking measurement by inserting the drinking measuring machine three minutes in the influence measuring machine.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of an investigation report;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) is not good, such as failing to comply with a police officer's request for drinking

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

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