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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1858
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 October 3, 2016, the Defendant: (a) driven a C Poter II cargo vehicle without obtaining a driver’s license from the front of “limited” road, which is located in Song-ri, in the case of bankruptcy, at the time of the bankruptcy, on October 3, 2016, to the front of “Cheong-ri,” which is located in Cheong-ri, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant discovered the foregoing cargo vehicle, which was driven by the police officer working at the E District of the Tong-gu Police Station located in Dong in Tong-si at around 18:15 on the same day, and the police officer called up after receiving a report on driving from the witness of the crime of paragraph (1) and was on duty at the scene of the crime of paragraph (1), and driven under the influence of alcohol, such as drinking alcohol in the Defendant’s entry discovered on the road in the vicinity, and drinking distance.

There are reasonable grounds to recognize a police officer as having been requested from F to F to F 18:45 to respond to the measurement of drinking alcohol at intervals of 10 minutes by inserting the dactator at intervals of 10 minutes, but the police officer failed to comply with the measurement of drinking alcohol without justifiable grounds by driving the dactator in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on detection of drivers at the main driver, the report on the circumstances of drivers at the main driver, the control field photographs, the ledger of driver's licenses, and the details

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 (the fact that there is no criminal record of a suspended sentence or more for the same criminal record, and that the criminal defendant is against the law of the suspended sentence;

in this chapter.

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;

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