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(영문) 창원지방법원 거창지원 2018.10.17 2018고단205
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting approximately approximately 29 minutes of the 17:30 on a three-distance map located on the land side of the Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun. The Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 29 minutes of the police box affiliated with the police box of the Gohap-gun Police Station C.

At around 17:05 on the same day, the Defendant: (a) while driving his EM car, and caused a traffic accident because he failed to accurately operate his steering gear; (b) while driving a motor vehicle under the influence of alcohol, such as smelling and smelling.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The report on the occurrence of a traffic accident, on-site photographs of the driver involved in the accident, the report on the circumstances of the driver involved in the accident, each investigation report (No. 5, 7, and 8 times a month), notification of the results of crackdown on drinking driving

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense;

1. The elements of sentencing unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The defendant has been subject to several criminal punishments; in particular, the defendant was punished by a fine of five million won on July 31, 2014 by this court on the ground of drinking driving; on October 5, 2016, the court was sentenced to a suspension of the execution of imprisonment with prison labor for six months on the ground of the crime of obstruction of business and public performance obscene acts; on October 13, 2016, the court again committed the instant crime during the suspension of the execution, which became final and conclusive on October 13, 2016; the Defendant committed a serious traffic accident at the time of the Defendant’s drinking driving; the refusal of drinking measurement was more severe than a simple drinking driving; in addition to the above circumstances, the defendant’s age, sex, environment, motive, means and consequence of the instant crime and circumstances.

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