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(영문) 광주지방법원 2014.09.04 2014고단1717
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2014, at around 22:00, the Defendant, while drinking alcohol, driven a G car with a volume of about 1.5 kilometers from the D cafeteria located in Jeonyang-gun, Jeonyang-gun to the road near F’s residence in Jeonyang-gun E, and was demanded for approximately 30 minutes at intervals of 10 minutes to respond to the measurement of alcohol by 2 persons, such as slope H, etc., dispatched after receiving a report, at intervals of 10 minutes, on the ground that there is considerable reason to suspect that the Defendant driven a car with a volume of about 1.5 kilometers owned by the Defendant at the time of drinking, snicking in the Defendant’s face, snicking in the Defendant’s face, and snicking in the eye while drinking.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police officer to I;

1. Statement made by the police with respect to the F;

1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on the statement of the status of drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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