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(영문) 창원지방법원 2018.08.10 2018고단1622
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 10, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the following grounds: (a) around 17:00 on May 10, 2018, the Defendant is clear that the exhaust displacement of 102cc in the Elim 102 C is a clerical error due to mistake; and (b) the Defendant, ex officio, made a correction in the same manner: (c) driving of a bicycle for a three-wheeled motor device, without wearing a safety cap; (d) was under the control of a sudden U-turn from the three-lane to the opposite lane.

The Defendant, at the time of crackdownd, driven a drinking while drinking in a snick G from a policeman belonging to the Jinhae Police Station F at the time of the crackdown, with a red face of drinking, and with a view to drinking alcohol reduction.

In addition, the police officer's request for the measurement of drinking for about 15 minutes for 15 minutes due to considerable reasons, but did not comply with the police officer's request for the measurement of drinking without justifiable reasons.

2. Violation of the Traffic Act (unlicensed Driving) on the road was operated by the Defendant without obtaining a bicycle driver's license for a motor device at the same time and place as paragraph 1, as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The ledger using sobling measuring instruments;

1. Application of each statute on photographs;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had a record of having been punished four times due to drinking driving, and has a record of being punished three times due to driving without a license.

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