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(영문) 광주지방법원 2013.06.21 2013고단1769
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

Around 19:20 on March 26, 2013, the Defendant was required to comply with the alcohol alcohol measurement by inserting it into a drinking measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the sloping F belonging to the above police box, the Defendant’s speech and face of the vehicle under the influence of alcohol, while he was under the investigation by the fact that the Defendant was under the influence of the vehicle of the E-Poter, while driving the vehicle of the E-Poter of the vehicle under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to investigation reports (in regard to the time during which a drinking alcohol measurement is refused, specified);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201) (1)

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 Criminal Act on the grounds that the person has a previous offense but

1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;

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