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(영문) 창원지방법원 통영지원 2014.08.28 2014고단552
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 12, 2014, at around 09:15, the Defendant, while driving CITI100 otobs on the front side of the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung 16, a four-lane 4th of the Gosungsung-gun, Gosung-gun, Kim Sung-gun, he was demanded to comply with the alcohol alcohol measurement by inserting the drinking measuring instrument into a breathm for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling in the Defendant’s entrance from a slope belonging to the D District Unit of the Gosung Police Station D District, and driving a cITI10

그럼에도 피고인은 음주측정기를 뿌리치거나 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A control report prepared by police officers of E;

1. A traffic accident occurrence report;

1. The circumstantial statement of the employee;

1. Application of statutes on site photographs;

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 (see, e.g., that the defendant reflects his/her mistake and is an old old age pension beneficiary);

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

1. Article 62-2 (1) of the Criminal Act on Probation, Article 59 of the Act on Probation, etc.;

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