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(영문) 광주지방법원 2019.01.22 2018고단4584
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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 October 22, 2018, at around 21:05, the Defendant: (a) caused a contact accident in front of a C cafeteria located in Young-gun, Young-gun; (b) on the road in front of the C cafeteria in Yong-gun, Young-gun; (c) on the road in front of the 112-round 21:05, the Defendant was demanded to comply with a drinking test by inserting approximately 15 minutes of alcohol into four minutes of a police officer’s inquiry by avoiding it, and the Defendant refused to comply with a police officer’s demand for a drinking test without justifiable grounds, by avoiding the demand for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1448, Apr.

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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