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(영문) 창원지방법원 2017.11.29 2017고단3289

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

On September 19, 2017, the Defendant driven a vehicle of about 500 meters on the street in front of the building in 46 Madi-ro Madi, Changwon-si, Sungwon-si, Sungwon-si, Seoul, to 33 Madi-ro, Madi-ro, 37 in front of the said Madi-do, while drinking at approximately 500 meters in front of the said Madi-ro, Bpobbro 21 ton, and was dispatched to the site after receiving a report, and confirmed the reaction of drinking from a slope D belonging to C District of the Changwon-gu Police Station, the Defendant was under the influence of alcohol, and was under the influence of alcohol, as he was under the influence of alcohol.

There is a reasonable reason to determine a person, and from around 02:20 to around 02:43 of the same day, it was demanded to respond to the measurement of drinking by inserting the measuring instrument three times over 20 minutes.

그럼에도 피고인은 음주 측정기 호흡 대를 입에 대지 않거나 입술에 물지 않은 채 부는 시늉만 하면서 “ 신고자를 데려와 라, 운전하지 않았는데 왜 불어야 하느냐

“A police official did not comply with a police official’s drinking measurement without justifiable grounds while taking a solitary office.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence; two years; 40 hours in a course and grounds for an increase of 120 hours in community service: The same punishment history (=one time of fine for driving without obtaining a license twice a fine for driving alcohol) and other grounds for reduction: Confession, etc.;