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(영문) 창원지방법원 진주지원 2017.10.11 2017고단330
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 31, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court Jinju Branch on August 31, 201, and on January 5, 2015, the Defendant was issued a summary order of KRW 4,00,000 by the same court for the same crime, etc. on January 5, 2015, and on February 25, 2015, the Defendant was issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving). On August 10, 2016, the Defendant was issued a summary order of KRW 7,00,000 by the same court.

1. On January 28, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license between: (a) and (b) from around 05:35 the following day; (b) from around the father’s house located in Hanam-gun C of the Defendant’s father to the Jindong-gun, Hanam-gun, Hanam-gun, Jinnam-do; (c) from around 524-6, the Defendant driven a D-V car at approximately 1123m in the section near the “galgalian department shop located in Jin-si, Jin-si, Jin-si, Hannam-do” and “Seoul, Jin-si, Jin-si, Jin-si, 14m in the middle of Jin-si, Jin-si, at approximately 58km.

2. On January 29, 2017, the Defendant, in violation of the Road Traffic Act (refluence of drinking), was proceeding on the one lane near the galsian department store located in 1123 as of Jinju-si, on January 29, 2017, in the one lane near the galsian department store, in which the Defendant’s automobile does not change traffic signals, at the opposite lane.

"A person who lives in a vehicle," from a driver, was driven under the influence of alcohol from a police officer F of the Jinju Police Station E District of the Jinju Police Station, who was dispatched to the site after receiving a report of 112, and was in the influence of alcohol, such as drinking, smelling the defendant, snicking on the face, making an inaccurate, lighting, rhetoring, and failing to walk properly.

In order to respond to the measurement of drinking alcohol by inserting four minutes between the police officer and the police officer from 05:25 on the same day to 05:55 on the same day on four occasions during the same day.

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