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(영문) 창원지방법원 2016.04.08 2015고단3446
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

1. On June 17, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Changwon District Court on the part of June 17, 201, and completed the execution of the sentence in Busan Correctional Institution on December 16, 2014.

2. Criminal facts;

A. On October 16, 2015, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a DM vehicle in front of the “C” located in Kimhae-si B at Kimhae-si, on the 16:02 side of the road, and was called out after receiving a report 112, while driving the DM vehicle in front of the “C” in front of the 16:02 city of Kimhae-si, and was driven under the influence of alcohol, such as a light distance, to the degree that the Defendant was bread by the above F, she would have smelled the Defendant from the above F, snicked, knicked on his face, knicked, and knicked, and cannot be divided into body.

Due to reasonable grounds, there was a demand from around 16:25 to around 16:55 of the same day to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in total four times.

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

B. On October 16, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driven the said D M& car without a driver’s license within a about 10-meter section from around 10 meters section to the front day of the farm run by the Defendant at H at Kimhae-si (C) to the farm located in Kimhae-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report on detection of a driver of a vehicle driving, the report on the circumstances of the driver of the vehicle driving, the photographs refusing to measure alcohol, and the register of using the measuring instruments;

1. Investigative into the ledger of driver's licenses (A) and the main office;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of judgment, etc.);

1. Relevant legal provisions concerning facts constituting an offense and the point of refusing to measure the option of alcohol or punishment: Driving without obtaining a license under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

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