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(영문) 광주지방법원 목포지원 2020.05.12 2019고단970
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 21, 2019, the Defendant was demanded to respond to the measurement of alcohol by inserting four times a while driving a hurbed vehicle at C while drinking on the front of the hurb in front of the hurb on the road in front of the hurb on June 21, 2019, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and suring on the face, etc., by inserting the hurb.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

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

1. A list of reports on investigation (the details of processing reports 112) and that of processing reports 112;

1. Application of Acts and subordinate statutes to a witness list video CD recording and investigation report (report on viewing of scambling vehicles)

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Article 62 (1) of the Criminal Act;

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