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(영문) 전주지방법원 2017.09.26 2017고단1366
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

On June 17, 2017, at around 01:15, the Defendant was found to drive a DNA graphic vehicle while under the influence of alcohol on the front of the front of the North Korean Office C, and the Defendant’s face was snicked with red, smelled, and snick distance, and driven under the influence of alcohol.

Since there are reasonable grounds for the appointment of a person, the traffic safety of the police station, an official of the enforcement police station, and the F details of the E District would be required to take a drinking test.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing on three occasions from 02:10 to 02:30 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Selection of a sentence of imprisonment with prison labor under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning facts constituting an offense subject to the relevant Acts and subordinate statutes in which a driver of drinking alcohol refuses to take measurements;

1. Various circumstances, such as the defendant's age, occupation, living environment, and criminal record of the defendant's reason for sentencing under Article 62-2 of the Criminal Act on the suspension of execution of sentence under Article 53 and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity, Article 62-2 of the Criminal Act

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