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(영문) 창원지방법원 진주지원 2017.10.20 2017고단609

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws in the Jinwon District Court's Jinwon District Court's Jinju on the following grounds: (a) on August 26, 2010, the Defendant was sentenced to a suspended sentence of 5 million won for a violation of road traffic laws (driving) at the Changwon District Court's Changwon District Court's judgment on August 26,

1. On June 1, 2017, the Defendant, while under the influence of alcohol at around 10:15, the Defendant driven Cpoter cargo at a section of approximately 100 meters from the front of the National Bank located in Pyeong-dong, Jin-si, Jin-si, Jin-si, who is in the influence of alcohol at around 0.10%, to the front of his/her pharmacy in the same Dong.

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

2. On June 8, 2017, the Defendant was under the influence of alcohol, while driving the E cafeteria in front of, and while driving the freight vehicles listed in paragraph (1) above while drinking, while driving the vehicle in front of, E cafeteria located in, Jin-si, Jin-si, Jin-si, Seoul, the Defendant was under the influence of alcohol from G police officers belonging to the F Zone of the Police Station in the Gyeongnam-gu, Jin-do, while drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the defendant, while taking a bath, has refused it by refusing it, and failed to comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On June 1, 2017, a statement report on the circumstances of the driver who is placed in the State and an investigation report (the state report on the driver who is placed in the State);

1. On June 8, 2017, a statement report on the circumstances of the driver who is placed in the State and an investigation report (the state report on the driver who is placed in the State);

1. Photographs refusing to measure drinking;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Relevant provisions of the Act concerning facts constituting an offense;