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(영문) 창원지방법원 2016.04.08 2015고단3431
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On December 3, 2015, the Defendant was driving a bicycle with a motor motor device under the influence of drinking, such as drinking alcohol, drinking alcohol, walking on the face, and drinking alcohol, from a policeman F belonging to the Kim Sea Police Station Egi-gu in the Kim Sea Police Station, while driving a bicycle under the influence of drinking on the front of C in the Kimhae-si, Kimhae-si on the road in front of the Kim Sea, on December 21, 2015.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the whole part of a drinking measuring instrument over about 30 minutes, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. On December 3, 2015, the Defendant, in violation of the Road Traffic Act, driven a motor motor bicycle without obtaining a motor bicycle driver’s license from approximately 1 km section from the front of the trade name in French-si B to the front road in Kimhae-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the ledger of use of a drinking gauge, a report on the situation of a driver of a drinking alcohol, and the results of regulating drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime and the denial of measurement of the option of alcohol or punishment: Driving without a license under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (elective of imprisonment): Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The defendant is sentenced to a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment due to a crime of violating the Road Traffic Act (driving) and a crime of violating the Road Traffic Act (driving without a license) on three occasions.

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