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(영문) 창원지방법원 통영지원 2017.07.19 2017고단542
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 14, 2017, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as making a fluorous and heavy snow, from the Defendant, who was on a 2660 ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

There are reasonable grounds to recognize it as a drinking measuring instrument for about one hour, such as leaving the site without complying with the measurement even after being requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument for about one hour.

Accordingly, the defendant is in a drunken state.

In a situation where there are reasonable grounds for recognition, police officers did not comply with a request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver of drinking alcohol, report on actual condition, and on-site photograph;

1. Application of Acts and subordinate statutes to investigation reports (act A of the suspected suspect);

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 reason for sentencing under Article 62-2 of the Criminal Act, the defendant's request for collection of blood to a police officer, but the police officer did not accept such request, and the defendant continuously demanded to measure drinking due to breath, and the defendant's legitimate right was infringed and detained. In light of the records of this case, the defendant's refusal to take a drinking test from the police officer, and his/her toilet will go against it.

In order to escape, I tried to escape.

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