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(영문) 창원지방법원 마산지원 2019.06.20 2019고단248
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 December 23, 2018, the Defendant violated the Road Traffic Act (refluence of measuring a drinking alcohol level) and was demanded to comply with a drinking test by inserting it into a drinking measuring instrument for about 12 minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving a motor vehicle while driving D k7 motor vehicles on the street in front of C at the time of a drinking time, at around 23:00, while he/she reported 112 and reported 112, from the slopeF belonging to the E zone called E zone, he/she was able to take a bath for the Defendant, and she was able to say that he/she was driving a motor vehicle under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason.

2. The Defendant complied with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of 112 reported duties by assaulting the F’s f’s f’s f’s f’s bitch, bitch bitch f’s bitch f’s bitch, bitch f’s bitch bitch bitch, and f’s f’s f’s f’s f’s f’s fat at one time, and walking the f’s f’s f’s fat at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Investigation report (Attachment of a motor vehicle driving document);

1. Application of Acts and subordinate statutes to the investigation report (as to images submitted to the police station):

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes of obstruction of the performance of official duties with heavier punishment shall be aggravated: Provided, That the lowest sentence shall be determined by the punishment stipulated for the violation of the Road Traffic Act];

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;

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