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(영문) 창원지방법원 마산지원 2018.02.21 2017고단182
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 February 17, 2017, the Defendant driven the said car under the influence of alcohol, such as: (a) around 23:36, the Defendant: (b) operated a ice-free car in front of the Women’s High School, located in the 133-ro of the Changwon-si, Changwon-si, an Eup, and around the 133-ro of the Eup; (c) on the Defendant’s entrance, the Defendant snicking and snicking the snick at the Defendant’s seat; (d) made a statement that the Defendant was under the influence of alcohol, such as the Defendant’s statement that the Defendant

A police officer's request for the measurement of alcohol from C to 0:25 on the same day, even though there is a reasonable reason to determine the person, he/she did not comply with a police officer's request for the measurement of alcohol by taking into account the face of 30 minutes from 23:55 on the same day to 0:25 on the following day.

2. On February 17, 2017, at around 23:36, the Defendant driven a car in the 200-meter B without obtaining a driver’s license from around 200 meters in front of a female high school located in the same Eup/Myeon-ro 133 from the time of fishing of white water in the Changwon-si, Changwon-si, and in the Eup/Myeon-ro of the same Eup/Myeon.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the result of regulating the driving of drinking, report on the situation of driving of drinking, and field crackdown photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor for a crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act requires a strict punishment in light of the danger of driving alcohol according to the reason for sentencing under Article 62(1) of the suspended sentence, the defendant not only driven alcohol but also the police officer's measurement of drinking alcohol. The nature of the crime is not good, the defendant has the power to be punished due to drinking or non-licensed driving, etc., the defendant's age, motive and circumstance of the crime, circumstances after the crime, etc. are considered.

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