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(영문) 창원지방법원 2018.12.12 2018고단2193

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Judicial Crime Records] A repeated crime case: Imprisonment with prison labor for a violation of the Road Traffic Act (driving of alcohol): 10 months: July 13, 2016; 2009: 8/ suspended sentence of imprisonment for the same kind of crime and violation of the Road Traffic Act (driving of alcohol): 201: 4/ suspended sentence of imprisonment for 2 years; 2 years of probation; 3/100,000 won and fine for violation of the Road Traffic Act (Refusal of drinking), etc. (2/ suspended sentence of 4 months; 3/100: 4/ suspended sentence of imprisonment for 2 years; 4/2 years of protection and observation; 3/100: 4/45 of imprisonment for the defendant 6 months; 4/10

Accordingly, other drivers reported to 112 alcohol while driving the Defendant, and the Defendant was driving under the influence of alcohol from the superintendent E of the police station belonging to the Changwon Police Station, who called out after receiving a report on the front road of the window C in Changwon-si, on the road in front of the Changwon-si, the Defendant was driving under the influence of alcohol, such as a large amount of smelling and unstable drinking in the Defendant’s entrance at the time.

The reason for the reason that there is a reasonable reason to determine a person, which was demanded from around 18:45 to around 19:06 on the same day to respond to the measurement by inserting the drinking measuring instrument five times in total for about 21 minutes, but did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. In the event that the punishment provided for in the relevant Article of the Act and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act, which are imposed on the criminal facts: Imprisonment with prison labor for a year and six months: The grounds for an increase of one year: confession, repeated crime period in the vehicle, accumulated criminal records for the same kind of crime, etc.; confession, divorce, family members, automobile-scrapping, etc.;