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(영문) 창원지방법원 밀양지원 2020.05.28 2020고단24
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 December 21, 2019, at around 22:26, the Defendant was required to comply with a drinking test by inserting the fluence in a manner of drinking, such as: (a) the Defendant, from two police officers, such as C, etc., who were sent to the scene after having received a report of 112, such as the situation under which the B police box of the smuggling Police Station B was assigned to the scene; (b) the Defendant snife the Defendant’s face; and (c) the Defendant was under the influence of alcohol at a drinking outlet; and (d) the Defendant was required to comply with a drinking test by inserting the fluence in a drinking measuring instrument three times from that time until 22:46.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, such as referring to “I are only one person who lives in the same beginning, but only one time.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to deal with reports on detection of suspects in violation of the Road Traffic Act (Refusal of measurement), reports on the circumstances of drivers of drinking alcohol, investigation reports (report on the circumstances of a drinking driver), notification of the results of the control of drinking alcohol driving (limited to the situation at the time of crackdown A of the suspect A who has refused to take a drinking alcohol measurement), field photographs,

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be imposed in consideration of various circumstances, including the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, background, method and consequence of the crime, and circumstances before and after the crime, as well as the circumstances before and after the crime.

Unfavorable circumstances: A re-offending was made even if there was a record of multiple penalties for the same crime.

The nature of crimes, such as refusing to measure drinking, also.

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