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(영문) 창원지방법원 밀양지원 2014.08.07 2014고단183
도로교통법위반(음주측정거부)등
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

1. On May 4, 2014, at around 06:40, the Defendant was required to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument 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 drinking, smelling, sniffing, and smoking on the front of the Center for Services of the Cambling C, who was reported to the fact that he was a person driving under the influence of alcohol while driving under the influence of alcohol on the front of the Center for Services of the Cambling C, a person who was in charge of driving under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobage measurement without a justifiable reason, because the Defendant complained of one time that he would disrupt the wife.

2. On May 4, 2014, the Defendant: (a) driven C Poter freight at a section of about 30 meters from May 4, 2014 to the front road of the C Poter Do in the C Do of the C Do of the C Do to the C Do of the C Do to the C Do of the C Do of the C Do of the C Do-dong

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses, details of cancellation of driver's licenses, and detailed statement on vehicle registration;

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

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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

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