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(영문) 창원지방법원 밀양지원 2016.06.09 2016고단143
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for 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 4, 2016, the Defendant, at around 22:05, driven a bnick-down truck with a 300-meter radius from the road near the entrance of the water village located in the Nam-gun, Nam-gun, Nam-gun, without obtaining a driver’s license, to the road near the entrance of the gold village located in the same Eup/Myeon.

2. Violation of the Road Traffic Act (refluence of alcohol measurement) was driven under the influence of alcohol by: (a) the Defendant, as indicated in paragraph (1) of this Article, was placed on the right side of the way to drive the freight at the entrance of the Geum-dong, Nam-gun, Nam-gun, Nam-do; and (b) the Defendant, upon receiving a report 112, was driven under the influence of alcohol, on the grounds that: (a) the Defendant was driven under the influence of alcohol, such as: (b) the police box affiliated with the police box of the police station C, who was dispatched to the scene on the ground of 22:12, and was able to keep the Defendant’s body clear and properly and without drinking,

There is a reasonable reason to determine the person in the act of committing an act in the act of committing an offense, who is requested to take a measurement of drinking, but fails to comply with it and tried to leave the scene.

The Defendant continued to 22:45 on the same day, and there are reasonable grounds to recognize that he/she driven alcohol while drinking at a police box C at the police box office of the police station where he/she continued to 22:45 on the same day, such as drinking and smelling alcohol in the clothes, and requested a police officer to respond to the measurement of drinking by inserting the measuring instrument for drinking from slope E, but he/she refused to take the first time at around 22:54, and rejected the second time at around 23:05, the second time at around 23:15, the third time at around 23:25, and the fourth rejection at around 23:25, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 Subparag. 2, and Article 44(1) of the Road Traffic Act concerning facts constituting an offense, pertinent legal provisions of the relevant Act, Articles 152 Subparag. 1, 43 (Unlicensed Driving), and Article 148-2(1) of the Road Traffic Act, and each decision of imprisonment shall be made.

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