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(영문) 창원지방법원 통영지원 2018.11.29 2018고단790
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 25, 2018, the Defendant: (a) driven a C-do motor vehicle without obtaining a driver’s license within a about 10km section from the 3rd-distance adjacent to the C-dol-ro, C-dol-ri, Gosung-gun, Gosung-gun, Gosung-gun, G-do; (b) around 20:40 on May 25, 2018.

2. On May 25, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, smelling at the entrance of the Sung-gun, Sungsung-gun, Kim Sung-gun, who was reported at around 20:40 on May 25, 2018, and called “the C Drinking Vehicle went to the seat of the seat of the seat and went to D again.”

Despite the fact that there are reasonable grounds to determine a person, the police officer's drinking measuring instrument shall be sealed in his/her hand and shall not be cut off even if he/she received a request from 20:50 to 21:05 of the same day to respond to the measurement of drinking by inserting the breath of the drinking measuring instrument three times on the same day.

"A police officer did not comply with a police officer's request for alcohol testing without good cause, such as "".

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The provision of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime under the relevant provision of the Act, and the selection of a person to be punished by imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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