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(영문) 광주지방법원 목포지원 2018.10.02 2018고단638
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 14:40 on June 17, 2018, committed an assault on a D cafeteria near the D cafeteria located in C, and received a report on 112, and the Defendant was driven under the influence of alcohol by the Defendant, including a witness’s statement, etc., who was snicked and snicked to the Defendant from F of the police box belonging to the police box of the Bapo Police Station E, a police box called the Defendant.

Although it is required to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument due to considerable reasons, it shall not be able to inquire about about the drinking, and it shall not be able to take an absolute measurement.

A police officer did not comply with a request for a measurement of drinking without good cause, such as avoiding jobs.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports and report internal investigation (as at the time of dispatch);

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;

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;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the observation of protection, community service order, and order to attend a lecture three times, but there is no record of criminal punishment in addition to fines, and the confession of the instant crime and reflects on the records, etc., the punishment as ordered shall be determined in full view of all the sentencing factors indicated in the records.

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