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(영문) 창원지방법원 2017.06.08 2017고단713
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On October 6, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court on August 8, 201, and a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court on August 8, 2016.

[Criminal facts]

1. On March 2, 2017, the Defendant driven a vehicle under the influence of alcohol, such as drinking alcohol, snow snowing, and breathing on the front of the entrance of the parking lot for the building in Seongbuk-gu, Changwon-si on March 23:5, 2017, while driving a vehicle in the influence of alcohol on the front of the entrance of the parking lot for the building in Seongbuk-gu, Changwon-si, the Defendant driven a vehicle in the influence of alcohol, from G of the police station in the Changwon-gu, the Changwon-won, while drinking.

Due to reasonable grounds to determine a person, it was demanded from around 00:10 to around 00:52 of the following day to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument over about 42 minutes.

However, the defendant avoided by means of winding and influoring, etc., and did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. Violation of the Traffic Act on roads.

A. On January 2, 2017, around 11:30, the Defendant driven a ESW car without obtaining a driver’s license within a distance of approximately 2 kilometers from the development site of the Namsan-si apartment located in 74, Sungwon-dong, Sungwon-si, Sungwon-si, Sungwon-si, to the Changwon-si Central Hospital located in 40-4, Changwon-si, Changwon-si.

B. On February 14, 2017, around 14:00, the Defendant driven a ESW car without obtaining a driver’s license within a distance of about three kilometers from the development site of the Namsan-si apartment located in 162 74, Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, to the front day of the Changwon-si, Changwon-si, Changwon-si, to approximately 681, the Defendant driven a ES car without obtaining a driver’s license.

(c)

The Defendant, around 10:30 on February 24, 2017, around 2017, is about 2 kilometers from the redevelopment site of Namsan apartment located in the 74-ro, Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, 162, to the Changwon-si, Changwon-si, 40-4, Changwon-si, Changwon-si.

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