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(영문) 광주지방법원 순천지원 2016.11.16 2016고단1446
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 24, 2016, at around 09:34, the Defendant was required to respond to the measurement of alcohol by means of making it difficult for the Defendant to take a drunk test at a police box located in the same City E, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc., while driving a bring bring driver car at the Cheongdong apartment parking lot in the direction of drinking water at the time of drinking.

Nevertheless, the Defendant refused to take a drinking test by the above drinking meters, demanded that the Defendant take a drinking test by blood collecting method, and again refused to take a drinking test without any justifiable reason, and failed to comply with the police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

Defendant’s legal statement

Application of Acts and subordinate statutes to field photographs of reports on the state of drinking drivers, copies of the register of drinkers used;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the error, the circumstances and circumstances of driving, and the fact that a fine for drunk driving is imposed once);

4. Social service order under Article 62-2 of the Criminal Act;

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