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(영문) 창원지방법원 2017.11.07 2017고단2730
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On October 26, 2010, the Defendant issued a fine of KRW 2.5 million to a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on October 26, 2010, and a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (drinking driving) at the same court on July 16, 2015.

[criminal history] While the Defendant, while driving a beer cruise car at around 21:35 on June 24, 2017, while driving a beer cruise car at D's station located in C of the window at Changwon-si, the Defendant driven a motor vehicle while under the influence of alcohol, such as ina red and narrow distance that the Defendant’s face is inaccurate, singing off, and unfolding.

There are reasonable grounds to determine a seal, and from around 22:05 to around 22:25 of the same day, the police box of the Changwon E police station of the Changwon, which received a request for the measurement of drinking four times from F to the police station of the Changwon, but failed to comply with the request without justifiable grounds.

Summary of Evidence

Application of Acts and subordinate statutes to photographs of the Defendant’s oral statement by the State

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

2. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) of the same Act shall be taken into account, such as cases where there are

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

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