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(영문) 창원지방법원 2017.03.28 2016고단3056
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

1. [Attachment 2016 Highest 3056] On August 14, 2016, the Defendant driven a sports cargo vehicle in C Coin in the form of drinking alcohol on August 14, 2016, resulting in a traffic accident involving a house gate due to a driving of a stroke in front of the D road in Changwon-si, Changwon-si.

The Defendant, at around 21:12 on the same day, driven a motor vehicle under the influence of alcohol by the Defendant, such as that the Defendant’s face has a large amount of red and drinking, and that is inaccurate and unbrupted, in an office E office of the Changwon Police Station in the Changwon-gu, Changwon-si, Seoul, with a 10 channel of Changwon-si.

There is a reasonable reason to determine the person, and even if the F of the above police station received a demand for the measurement of drinking four times from the F of the above police station, the person did not comply with it for about 30 minutes without good cause.

2. [Attachment 2016 Highest 4167]

A. On March 13, 2008, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act at the Changwon District Court for eight months due to a violation of the Road Traffic Act. On August 29, 2011, the Defendant was sentenced to a summary order of 2.5 million won due to a violation of the Road Traffic Act at the Changwon District Court's Changwon District Court's branch branch, and on December 17, 2013, the Defendant was sentenced to a suspended sentence of six months for six months due to a violation of the Road Traffic Act.

The defendant is a person who is engaged in driving of a vehicle in C. C.

On September 4, 2016, the Defendant, while driving the said car with alcohol content of 0.199% in blood around 21:30, the Defendant changed the two-lanes into one-lane, following four-lanes in front of the H oil station located in G in the Changwon-si Member G in Changwon-si, Changwon-si, in accordance with the first two-lanes in front of the H oil station located in G in Changwon-si.

In such cases, a person engaged in driving duty has a duty of care to inform a person of a change of course by direction, etc. in advance and to change a lane safely by taking into account the traffic conditions before, after, after, and after the direction.

Nevertheless, the defendant is drunk.

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