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(영문) 창원지방법원 통영지원 2018.09.06 2018고단591
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant: (a) driven a motor vehicle without a driver’s license in a section of about 80 meters from the front to the front of the stop at the C-si, a grace period of around 20:40 on April 23, 2018 without a driver’s license.

2. On April 23, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) sent back to the I hospital located in H at the time of stop by G, who was reported to the right side of the D bus stop on April 23, 2018, by the 112 police box located on the right side of the D bus stop.

At around 22:00 on the same day, the Defendant driven a motor vehicle under the influence of alcohol, such as a light distance to the extent that the Defendant is unable to walk at the time when snicking and smelling the drinking.

Although there is a reasonable reason to determine a person, a police officer was requested to comply with a drinking test by inserting approximately 20 minutes in a manner of putting the whole in a drinking measuring instrument three times, but did not comply with a police officer's request for a drinking test without good cause by preventing the fire of a drinking measuring instrument.

Summary of Evidence

1. The defendant's legal statement (related to driving without a license);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A photograph refusing to measure drinking;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's records of the same crime, the circumstances leading to the operation of the driver's license of this case, the circumstances before and after the refusal of drinking and other circumstances, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, etc., for the reason of sentencing under Article 62-2 of the Criminal Act.

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