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(영문) 창원지방법원 진주지원 2019.07.11 2018고단1612

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

Around 02:10 on December 5, 2018, the Defendant driven a Fran vehicle at a section of about 70 meters from the front of the “C Hospital Funeral Home” located in Jinju-si B to the front of the “E” located in Jinju-si D, while under the influence of alcohol 0.074% of the blood alcohol level around 02:10 on December 5, 2018.

"2019 Highest 105"

1. On January 24, 2019, at around 01:25, the Defendant was driving a F-low vehicle without obtaining a driver’s license from a section of about 100 meters from the front of a restaurant of “H” located in G in J convenience store in J convenience store in J I in J-si in J-si.

2. Violation of the Road Traffic Act (Refusal of measurement) provided that the Defendant was at the time, time, and place specified in paragraph (1) of the same Article, and that the Defendant was at the time, while driving the said vehicle while drinking alcohol at a drinking place, and the Defendant was under the influence of alcohol from L, etc. belonging to K District Police Station of the Jinju Police Station, which called the Defendant after receiving a report of 112, and was under the influence of alcohol, and that the Defendant was under the influence of alcohol due to reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face of the Defendant, and making a request for a measurement of alcohol. The Defendant was demanded to comply with the measurement of alcohol by means of inserting the vehicle into the K District of the Jinju Police Station from 02:03 to 02:

Nevertheless, the defendant did not comply with the police officer's demand for alcohol testing by keeping the drinking measuring instrument in his hand without any justifiable reason.

Summary of Evidence

"2018 Highest 1612"

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, and the circumstantial statement of a drinking driver"shall be reported;

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of driver's licenses, report on circumstantial statements, investigation report, photographs relating to drunk driving, investigation report, and application of the register of driver's licenses;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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