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(영문) 창원지방법원 2017.06.22 2017고단1038

도로교통법위반(음주측정거부)등

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

1. On December 15, 2016, the Defendant, while under the influence of alcohol at around 23:26, 2016, driven a FG car while driving the vehicle and desireing the police officers on duty at the JH box of the Jindo Police Station, which was located in G while in the original city, and was arrested as a flagrant offender due to the violation of the Punishment of Minor Offenses Act by avoiding disturbance, while driving the vehicle while under the influence of alcohol by drinking.

Since there are reasonable grounds to designate a person, the police officer assigned to the above police box was required by I to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant was dissatisfied with the arrest of the flagrant offender due to the violation of the Punishment of Minor Offenses Act during the drinking measuring period, and did not comply with the police officer's request for drinking measurement without any justifiable reason.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) operated the said franchise within a distance of about 300 meters from the K Center located before the K Center located in the J of the city of Chang-si to the front day of the above H box, without obtaining a driver’s license on the said day at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. The legal statement of L (name after the opening of a witness: M) by a witness;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning examination of the police concerning L;

1. A written statements on the preparation of L;

1. The driver's license ledger (A);

1. Each photograph;

1. Application of the Acts and subordinate statutes to a copy of the arrest of flagrant offenders;

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. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The assertion;

(a) rule;