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(영문) 창원지방법원 2017.07.18 2017고단1086
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

On March 26, 2017, the Defendant was driving a DF car at the front of the window C in Changwon-si around 14:49 on March 26, 2017, while driving the DF car at the front of the window C.

In conflict with FF car car driven by E, a driver was driven under the influence of alcohol, such as drinking, drinking, smelling, and sprinking on the face, from the Changwon Police Station G Assistant H of the Changwon Police Station G G of the Changwon Police Station of the 15:25 on the same day from the same day after receiving a traffic accident report, at the Changwon Police Station G of the Changwonwon Police Station of the Changwonwon Police Station of the 10th day.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

The application of Acts and subordinate statutes of the defendant's legal statement E report on internal investigation (related to the details of the receipt of the accident and the non-compliance with the alcohol measurement)

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

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

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

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

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