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(영문) 창원지방법원 밀양지원 2016.08.04 2016고단197
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant driven a vehicle under the influence of alcohol on April 11, 2016, while driving the said vehicle at a shooting distance prior to a gas station located in C, not in the south of around 21:25, but in the vicinity of C, while driving the vehicle, such as drinking, smelling, red-lighting, and failing to wear the body.

In addition, the police officer E at the police station D police station was requested to respond to the measurement of drinking for about 45 minutes from around 22:01 to three times on the same day on the same day, but refused it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (limited to once the same kind, but taking into account reflect, etc.);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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