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(영문) 창원지방법원 통영지원 2018.09.06 2018고단684

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2018, the Defendant, at around 23:05, driven a C Blue-ri-ri-ri-ri-ri-car without obtaining a driver’s license from the front of the Raman’s cafeteria, which is located in the same Ri, from May 1, 2018, to the front road of the employment branch office in the Ministry of Labor in the same Ri.

2. On May 1, 2018, the Defendant was under the influence of alcohol, such as a violation of the Road Traffic Act (e.g., refusal of measurement of drinking), while driving a motor vehicle under the influence of alcohol on the following grounds: (a) the Defendant was driving the motor vehicle under the influence of alcohol by driving the front road of the branch office of the Ministry of Labor, which is located in the luminous (e.g., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e., a e.

Although there are reasonable grounds to determine a person, even though he/she received a request from 23:36 to 23:50 on the same day to comply with the measurement of drinking alcohol by inserting the breath in a drinking measuring instrument three times on the same day, he/she does not mean that he/she does not come to be, or come to know, a police officer.

"" and "does not refuse to comply with a police officer's request for alcohol testing without good cause."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, are the same as the accused.