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(영문) 광주지방법원 2015.10.01 2015고단2621
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 10, 2015, at around 04:35, the Defendant: (a) driven a car on the three-lane road near the Newcheon-gu Cultural Complex in Gwangju Northern-gu, Gwangju, with a car driving on the three-lane road; and (b) carried the car in the driver’s seat while driving the car.

The defendant was requested to respond to a drinking test by inserting a drinking measuring instrument over about 20 minutes in a breath under the influence of alcohol, such as the defendant's slope E belonging to the department of the Gwangju Northern Police Station D District, who was dispatched to the scene after receiving a report on 112, and there are reasonable grounds to recognize that he was driving a motor vehicle under the influence of alcohol, such as drinking, drinking, and smelting snow, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the circumstantial statements to the principal driver, the application of suspect photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The fact that there was a record of punishment of each fine of 204, 2005, and 2008 due to the violation of the Road Traffic Act with the reason for sentencing under Article 62-2 of the Criminal Act: Provided, That there is no other previous conviction, and the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions specified in the arguments of this case shall be determined as the order.

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