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(영문) 춘천지방법원 강릉지원 2015.11.27 2015고단1151
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 10, 2015, at around 23:14, the Defendant was demanded to respond to the measurement of alcohol by inserting alcohol measuring instruments into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking while driving a scar B in front of a scar middle school in Gangnam-si, while drinking the alcohol on the front of a scarb, and drinking the scar B, snifeing the face, red and hacking, and walking, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more);

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