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(영문) 창원지방법원 2016.03.31 2015고단3124
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

Criminal facts

On October 28, 2015, the Defendant driven a vehicle under the influence of alcohol, such as drinking in front of the first place of the crime prevention by the head of the infant autonomous police station located in the Grand-dong, Kimhae-si on the front of the first place of the crime by the Defendant’s entrance, smelling in the Defendant’s snow, and breathing the Defendant’s snow.

Since there are reasonable grounds to determine a person, Kim Jong-soo, who has controlled driving of drinking, requested to comply with a drinking test by inserting approximately four minutes in a total of about 30 minutes from B belonging to the traffic control department of the subsidiary police station, but did not comply with it by inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any suspect in violation of traffic laws (Refusal to measure drinking on roads);

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;

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