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(영문) 창원지방법원 2017.10.17 2015고단2915

도로교통법위반(음주측정거부)등

Text

A person shall be punished by imprisonment with prison labor for one year for each crime listed in the holding of the defendant, and by imprisonment with prison labor for two months for each crime listed in the holding of the defendant.

Reasons

Punishment of the crime

[criminal history] On April 11, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Military Service Act at the Changwon District Court on April 11, 201, and the judgment became final and conclusive on April 19, 2014.

1. [Attachment 2015 Highest 2915]

A. On September 12, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a cub car at the window B in front of the window B in Changwon-si without obtaining a driver’s license on September 12, 2015.

B. Defendant 1 was parked while driving a coo car at the same time and at the same place as the above, in violation of the Road Traffic Act (Refusal to measure drinking);

D It caused a traffic accident in which a car or car is used.

The Defendant driven under the influence of alcohol from around 07:53 to 08:23 on the same day, such as smelling and smelling red on the face at the E office of the police station in the Changwon of the Changwon-gu Seoul Special Metropolitan City, and on the face.

If there is a reasonable reason to determine the person, the police station expenses of the Chang-gu Police Station and the E-employed F have been requested to take a drinking test, but the person failed to comply with the demand without justifiable grounds.

2. [2015 Highest 3375] The Defendant made a false statement to the victims that “The Defendant would pay smartphone charges and penalties, so he would be able to subscribe to smartphones in the open form (at the time of opening without a short term, after receiving subsidies from the radio operator, and termination of the contract after a certain period).” The Defendant had the intention to obtain a subsidy of approximately KRW 300,000 for each smartphone opening, without paying the charges and penalties imposed on the victims.

A. On February 27, 2014, the Defendant committed the crime against the victim G at the “I” smartphone sales store located in J of J in J in J of J around 18:0 on February 27, 2014, and “A victim G shall pay the cell phone charges and penalty if the victim G opened a cell phone in the name of the victim.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have any property or income, and thus, he was in a situation where he was under the duty.

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