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(영문) 창원지방법원 2017.11.17 2017고단2312
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On June 21, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on the part of June 21, 2017, and the decision became final and conclusive on June 29, 2017.

1. On June 17, 2017, from around 22:30 to 23:00, the Defendant driven the B car at a 1km section of approximately 472 km from the Do in front of the entrance of the drinking market, to the 1st day of the 472-lane, without obtaining a driver’s license, on the street from around 22:30 to around 23:00.

2. On June 18, 2017, the Defendant: (a) driven the said car while drinking the alcohol from a police officer in the front of C at the window of Changwon-si, Changwon-si on the road.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그런 데도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다 증거의 요지

1. Statement by the defendant in court;

1. Investigation reports, such as refusal of drinking alcohol measurement;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), and selection of fines for each crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include: (a) the fact that the defendant was guilty of his fault in depth; and (b) there are some circumstances to consider the motive and circumstance leading to each of the crimes of this case.

On the other hand, the defendant.

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