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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1253

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2017, the Defendant was under the influence of alcohol content 0.208% during blood transfusion around 23:25 on August 18, 2017, and the Defendant driven BK-5 cars from the front day of “Mexico,” which is located in Ro-si, to the front day of “21st century headline” located in the same Dong.

2. On August 19, 2017, the Defendant: (a) committed an act of drinking in violation of the Traffic Act (refluence of alcohol measurement) at the D District Office of the C District Office of the C District Police Station at the time of drinking on August 19, 2017; (b) committed an act of drinking in the above D District Office to resist the crackdown on drinking under paragraph (1); (c) however, the Defendant was bread by drinking in his/her entrance; and (d) was driven while under the influence of alcohol, such as smelling a large

Although the defendant was requested by E to respond to the measurement of drinking, he/she did not comply with the measurement of drinking without justifiable grounds, although he/she did not comply with the measurement of drinking on the same day at around 00:43, 00:56, and 01:01 on the same day, although he/she requested the above E to comply with the measurement of drinking, he/she did not comply with the measurement of drinking without justifiable grounds, even though he/she did not comply with the measurement of drinking on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking alcohol, the statement of the situation of each driver of drinking alcohol and the report on the situation of driving alcohol;

1. The application of Acts and subordinate statutes to criminal investigation reports, to refuse to measure drinking and to report internal investigation;

1. The provision of subparagraph 2 of Article 148-2 of the Road Traffic Act (the act of refusing to measure drinking), the provision of subparagraph 1 of Article 148-2 of the Road Traffic Act and the provision of subparagraph 1 of Article 148-2 of the Road Traffic Act and the provision of Article 44 (1) of the same Act concerning criminal facts and the selection 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentence of a suspended sentence of imprisonment is to prevent the recurrence of drinking driving, since the defendant had a record of two drinking crimes for the reason of sentencing under Article 62-2 of the Criminal Act.