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(영문) 창원지방법원 통영지원 2015.12.18 2015고단1081
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:40 on October 17, 2015, the Defendant, without obtaining a driver’s license, was required to comply with a drinking test by inserting the distance of about 1 km from the road in front of the C convenience store located in the vicinity of the C convenience store in the 2015, while driving a d New franchiseer XG car on the road and stopping it on the road, and driving it under the influence of alcohol, such as the Defendant’s walking condition from the border F of the police box of the Dandong Police Station E box sent out after receiving a report by the Dandong Police Station, by driving it on the road, and driving it on the road.

Nevertheless, the defendant avoided by refusal, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and license register;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do114, Apr. 1, 201>

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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