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(영문) 창원지방법원 마산지원 2017.08.17 2017고단423
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 30, 2017, the Defendant: around 05:04, at the intersection in front of Samsung C&T apartment located in Samsung C&T 15-ro one-lane north of C&T in Changwon-si, Changwon-si, Masan-si, 15, was fastened with a driver’s seat while driving the last car; and “A vehicle is coming inside the road.”

A report of 112 stating "drawing the same shall apply to drinking" was received from the G of the F District of the Msan East Police Station affiliated with the F District of the Msan East Police Station, and voluntarily accompanying the F District to the F District with consent thereto.

At around 05:42 on the same day, the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol, drinking alcohol, etc. by drinking alcohol reduction by the Defendant from the above-mentioned G from the above-mentioned G.

For about 23 minutes, there was a reasonable reason to determine a person, and it was demanded to respond to the drinking measurement by inserting the whole in four minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Application of Acts and subordinate statutes to photographs which refuse to measure drinking;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On September 3, 2014, the Defendant was sentenced to a suspended sentence of one year for embezzlement, etc. from the Changwon District Court Branch Branch Branch on September 3, 2014. On September 12, 2014, the Defendant committed the instant crime even during the suspended sentence period, which became final and conclusive on September 12, 2014.

The favorable circumstances: the crime of this case.

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