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(영문) 창원지방법원 2018.10.12 2018고단2055
도로교통법위반(음주측정거부)
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

On July 8, 2018, around 06:25, the Defendant sent alcoholic beverages to D hospital located in Kimhae-si C while driving a B-do motor vehicle at the entrance of the 204 Gyeong-si's underground roadway in drinking at the entrance of the 204 Gyeong-si, Kimhae-si.

Since then, the Defendant was driven while under the influence of alcohol, such as smelling the Defendant from the slope F belonging to the E Zone of the Police Station E Team in the emergency room of the above hospital Kim, snishing with red and visual eyeing, causing a traffic accident shocking the central separation unit, etc.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting approximately four drinking meters from around 06:59 to around 07:15 on the same day.

Nevertheless, the defendant denied driving facts and avoided them, and did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to any report on internal investigation, investigation report, copy of the register using a drinking-free measuring instrument, and yellow survey report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant had no prior record of being punished twice due to drinking driving, and that the Defendant, while under the influence of alcohol, has been driving a motor vehicle without permission, caused a traffic accident subject to centralized separation, and refused to comply with the request by the police officer for a reasonable drinking test by the police officer dispatched after receiving a report.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The accident is a single accident, and there was no special damage.

The previous conviction was sentenced to a fine in full.

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