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(영문) 창원지방법원 2016.04.15 2015고단3260

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant was sentenced to a suspended sentence of two years in October to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on September 2, 2015, and such judgment became final and conclusive on March 18, 2016.

On November 22, 2015, the Defendant, while driving a small-sized truck with a 500-meter radius from the boomed Dob, in which it is impossible to identify the trade name in the out-dong, Kimhae-si, Kim Jong-si on November 22, 2015 to the front road of the same large apartment parking lot, was driven under the influence of alcohol, such as drinking alcohol, smelling the Defendant by a policeman D belonging to the police station in the Jung-gu, Kimhae-gu, who was called for after receiving a report on driving, while driving a motor vehicle with a vehicle driver’s license, without obtaining a vehicle driver’s license.

There are reasonable grounds to determine a person, who is requested to respond to the measurement of drinking at intervals of about 43 minutes by inserting the whole in four times at intervals of about 10 minutes, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver driving, the details of crackdown, and the register of the driver using the drinking measuring instruments;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Refusal of measurement of the provision of relevant Acts concerning the crime: Operation without a license under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act for the purpose of the crime: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor chosen;

1. Articles 37 and 39 (1) of the Criminal Act handling concurrent crimes;

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. The defendant, on March 26, 2004, issued a summary order of one million won or more due to a crime of violating the Road Traffic Act on March 26, 2004, for the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing), and the same year;

7. 16. Violation of traffic Acts on roads;