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(영문) 창원지방법원 통영지원 2016.08.31 2016고단745

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

[Criminal Records] On February 3, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for forgery of private documents in Daegu District Court racing support, etc., and the judgment became final and conclusive on the 12th of the same month.

[Criminal facts]

1. On February 5, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Bsch Rexton car without obtaining a driver’s license on the front of the Southern-gu New Airport located in 606, North-gu, North-gu, North Korean at the port.

2. Violation of the Traffic Act (Refusal of a drinking test) by the Defendant, as set forth in paragraph 1, was driven by a police officer who was under the influence of drinking while driving under the influence of alcohol and was found to have been drunk to drive under the influence of alcohol, and the said vehicle was driven by the vehicle, and the accident was caused by the road signs and fences, etc. while driving the vehicle at the vehicle. The Defendant sent the vehicle to an emergency hospital located in south-gu C at the port of port. The Defendant was sent from the emergency room at the above emergency room to the hospital located in south-gu, and the police officer was requested three times from April 4, 2015 to 01:36, but did not comply with the demand of the police officer for a drinking test.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

The police officer did not comply with a request for measurement of drinking alcohol even if there were reasonable grounds for recognition.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. A written confirmation of a person who refuses to comply with drinking measurement;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;

1. Relevant laws and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of refusing to drive without a license) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Subsequent to Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (joint between the crimes of the first head as stated in a final judgment and the crimes of this case);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;