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(영문) 전주지방법원 군산지원 2017.07.05 2017고단597
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2017, the Defendant: (a) while driving a car in C C while drinking alcohol on the front side of the Sinsan-si, Sinsan-si, Sinsan-si, the Defendant was found to have been dispatched to the assistant E of the military police station D box, who pursued the Defendant, after receiving the notification of Defendant denial 112.

The Defendant, at around 00:50 on the same day, is divided into the Defendant’s speech and behavior at the same place, assumes a crossing, and drive a motor vehicle while under the influence of alcohol, such as a big distance.

If there are reasonable grounds to recognize, the above E was requested to comply with the alcohol measurement by inserting the measuring instrument for drinking, but rejected it without justifiable grounds, 00:58 on the same day, the second demand for the alcohol measurement for around 00:58, and the same month;

6. 01:12 Around 3rd alcohol testing demand was rejected without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;

1. Application of Acts and subordinate statutes, such as photographs refusing measurement;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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