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(영문) 창원지방법원 2015.01.27 2014고단2169

도로교통법위반(음주측정거부)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 30, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “Road Traffic Act”) driving a G-low vehicle at a section of about 300 meters in front of the Daju store located in the window C of Changwon-si without a driver’s license on June 30, 2014.

2. On June 30, 2014, at around 02:31, a slope H belonging to the Changbu Police Station for Violation of the Road Traffic Act (Refusal of Drinking Measures) was dispatched to the site after receiving a report that “A guest gets a face-to-face with a face-to-face and a seat-to-face within a Dju store” and then was sent to the site, and “A grandchild gets a seat-to-light vehicle driven by driving a seat-to-take vehicle.” On the same day, around 02:37, E stopped the above vehicle driven by the Defendant and stopped the vehicle on the road front of Fmate.

The Defendant recognized that there are reasonable grounds to suspect that he was driving a vehicle under the influence of alcohol due to the lack of the state of speech or walking at the time, and from 02:50 on the same day to 03:20 on the same day, the Defendant was requested to take a drinking test four times from the above slope H on the Franart, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes concerning black stuff photographs and photographs refusing to measure drinking;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Criminal records of a fine due to probation, community service, or an order to attend a lecture and three times due to drinking driving, etc. under Article 62-2 of the Criminal Act, and criminal records of suspended execution due to obstruction of execution of official duties