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(영문) 창원지방법원 2017.10.27 2017고단2957
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 25, 2017, the Defendant, while driving a FM6 vehicle in front of the E station located in Kimhae-si D on July 25, 2017, while drinking alcohol on the front of the E station in front of the Kimhae-si, he was under the influence of alcohol from G, who was under the control of drinking alcohol, and was under the influence of alcohol, such as smelling alcohol to the Defendant, making a redlight on the face.

There is a reasonable reason to determine a person, and from around 02:36 to around 02:51 on the same day, it was demanded to respond to the measurement of drinking by inserting the person in a total of about 15 minutes into a drinking measuring instrument four times in total.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. The sentence of imprisonment for one year by the former sentence of imprisonment with prison labor for the sentencing of Articles 53 and 55(1)3 of the Criminal Act that reduce the amount of a small amount: The grounds for aggravating the amount of imprisonment for six months: Damage of the dignity of a public official, accumulated criminal records of the same kind (five times in total driving under the influence of alcohol): Confession, confession, family members (two children, university students), etc.;

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