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(영문) 창원지방법원 마산지원 2017.02.07 2016고단1364
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2016, at around 22:43, the Defendant: (a) reported that the Defendant’s driver’s car does not turn on on the 1-day 51 (State) on the roads prior to the Jinjin Industries, which was called up after having received a 112 report that the Defendant would not turn on the Defendant’s car on the roads prior to the Jinjin Industries; (b) was at the influence of alcohol, which was measured by C to which the police box belongs; and (c) voluntarily accompanied the police box to B.

On September 23:42, 2016, the Defendant: (a) at a police box in Mansan-gu, Masan-si, Masan-si, Masan-si, Masan-si; (b) on September 7, 2016, the Defendant: (c) considered that the Defendant driven the said vehicle at a 10-meter size; (d) the Defendant’s walking condition is so far as the Defendant’s walk is big, snow is dyped, and the

Defendant was driven under the influence of alcohol.

There is a considerable reason to suspect that there was a need to respond to the alcohol measurement by inserting approximately 40 minutes into a drinking measuring instrument between C and C.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol alcohol measurement without justifiable grounds by avoiding the method of care and careing up the dog.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E written statement that contains a statement of the situation of the driver who takes the main place, a report on the situation of the driver who takes the main place, and a report on investigation (

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 sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

Unfavorable circumstances: The Defendant committed the instant crime even though he/she had been punished as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drawing refusal).

The favorable circumstances: The crime of this case is against the law.

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