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(영문) 창원지방법원 통영지원 2019.01.29 2018고단1283
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 20, 2016, the Defendant was sentenced to the suspension of the execution of eight months for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch branch on July 20, 201, and was sentenced to the suspension of the execution of six months for the same crime in the same court on August 19, 201, and was sentenced to the suspension of the execution of two years for the same crime.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal of measurement) on October 7, 2018, the Defendant did not comply with a police officer’s demand for measurement of alcohol without justifiable grounds despite the fact that the Defendant was required from 20:05 to 20:22 of the same day to comply with the sobling method by inserting alcohol in four times in a drinking measuring instrument, such as smelling, smelling, smelling, etc., and driving the 112 alcohol on the front side of the west-to-face, while driving the junish-to-face in front of the west-to-face flow on the road.

2. On October 7, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) around 19:20 on October 7, 2018, the Defendant driven B rocketing or other car without obtaining a driver’s license from the breakwater located in the subscule in the subscopic scopic scopic, to the lower scopic road at the speed of about 2km from the breakwater to the lower scopic scopic.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), report on the situation of drinking driving, report on the status of drinking drivers, application of Acts and subordinate statutes to the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act to refuse to measure the alcohol without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggregated;

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