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(영문) 창원지방법원 2018.10.12 2018고단2016
도로교통법위반(음주측정거부)
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

On May 6, 2018, the Defendant: (a) while driving a Category C truck under the influence of alcohol on the front of the former and the front of the Gu, the Defendant: (b) driven the vehicle under the influence of alcohol on May 6, 2018; (c) reported to be suspected of driving alcohol; and (d) driven the vehicle under the influence of alcohol by a policeman affiliated with the police box belonging to the Jinina Police Station, who called the Defendant, while driving the vehicle under the influence of alcohol, such as smelling alcohol

On May 6, 2018, from around 17:07 to around 17:27 of the same day, it was demanded to respond to the measurement of drinking alcohol by inserting approximately four minutes in total for about 20 minutes from around 17:07 of the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of Article 62-2 (1) of the Criminal Act on the order to attend a lecture or the order to provide community service is that of the former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year or a suspended sentence of two years, 40 hours, community service and 40 hours: The grounds for aggravating the same criminal records (one fine for refusing to measure drinking, one time a fine for drinking driving, and one time a fine for a drinking driving), the absence of a sentence of public trial (one time), etc.: Confession, old, dependents, etc.;

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