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(영문) 창원지방법원 통영지원 2014.04.16 2014고단164
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in this case, the prosecution against the violation of the Road Traffic Act is dismissed.

Reasons

Punishment of the crime

[criminal power] On August 6, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch branch on August 6, 201; on October 14, 2011, the same court was sentenced to a fine of 2.5 million won for the same crime; on two or more occasions, the Defendant was sentenced to a fine of 2.5 million won for the same crime; on May 2, 2013, the same court was sentenced to a suspended sentence of 6 months for the same crime; and on May 10, 2013, the period of the suspended sentence is currently the period.

【Criminal Facts】

1. The crime committed on September 26, 2013;

A. At around 22:10 on September 26, 2013, the Defendant: (a) driven a crewing car in a creshed state without obtaining a driver’s license on a section of about 2 km from the front day of the noise main point to the front day of the Green Packaging in the same Ri; and (b) the Defendant driven a cresh car in a cresh state, without obtaining a driver’s license.

B. Since then, the Defendant was required to take a drinking test by inserting the alcohol measuring instrument three minutes from around 22:40 on the day to around 35 minutes of the high-speed police station D district unit of the high-speed police station, which was sent to the Defendant upon receipt of a report, inasmuch as there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as drinking and smelling the Defendant, from E, who is a police officer belonging to the district unit of the high-speed police station D district of the high-speed police station, who was called out upon receipt of a report.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

2. The crime committed on January 26, 2014;

A. On January 26, 2014, at around 02:05, the Defendant driven Crecing car without obtaining a driver’s license at a distance of approximately 246 meters in front of the Postobbbb in the same Ri on the roads in front of the Ssstobbbb, Gosung-gun, Jin-gun, Jin-gun, Jin-gun (Seoul) and driving it under the influence of alcohol of about 0.07% in blood alcohol concentration.

B. The Defendant, as a holder of the said Crails, is the owner of the said Crails.

the date, time, place, etc. of entry.

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