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(영문) 창원지방법원 2016.10.07 2016고단2250
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 18:00 on 19:19. 18:00 on 19., 206, the Defendant was required to respond to a drinking test by inserting the drinking in a manner of inserting the drinking measuring instrument into a drinking measuring instrument for about 40 minutes from G from the police officer belonging to the Changwon Police Station C District of Changwon-si, which was located in the window of Changwon-si, when the Defendant was driving D salary-feascing truck, and became on a two-lane road in front of the Gyeongnam Police Agency E located in the window of Changwon-si, Changwon-gu, Seoul, and opened a driver’s seat at the central separation zone, and the Defendant was able to take a part in the central separation zone.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol alcohol measurement without any justifiable reason, such as making a statement by singging “I am well-known, I saw, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am., I am.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, and report on the state of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes for reporting persons and witnesses;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 (Considerations of the accused and those without the same force);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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