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(영문) 창원지방법원 밀양지원 2020.07.23 2020고단244
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2010, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court (hereinafter “Seoul District Court”), and on July 27, 2015, the Defendant was issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support.

On May 9, 2020 from around 17:35 to 18:45 of the same day, the Defendant: (a) was able to know that the Defendant was under the influence of alcohol on the road B prior to the smuggling; and (b) the Defendant’s “the Defendant escaped from a traffic accident” from C; (c) was required to comply with a breath measurement method on four occasions on the following grounds: (a) the Defendant was under the influence of alcohol at approximately five kilometers from the front of a bus terminal traveling in the pushed time to the front of the pushed time; (d) the Defendant was able to confirm that she was under the influence of alcohol due to the breath of the police box affiliated with the police box of the smuggling Police Station, and that she was found to have been under the influence of alcohol due to the influence of alcohol and the influence of alcohol; and (e) the Defendant did not comply with the

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Notification of the results of crackdown on drunk driving, report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Criminal records: Criminal records, confirmation of related cases, list of related cases, and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act does not include the cases that are not less complicated in light of criminal records, etc., and also include other criminal records, but does not repeat an offense in light of the depth of the offense, and other circumstances that are conditions for sentencing are taken into consideration

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Grounds for probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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