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(영문) 창원지방법원 2016.09.20 2016고단2115
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

1. On June 23, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a BSP car at approximately 800 meters from the 800-meter section to the front day of 511 same same same-sex apartment in front of the university, which is located in the Kimhae-si, Kimhae-si without obtaining a driver’s license for a motor vehicle on June 23, 2016.

2. On June 23, 2016, the Defendant was under the influence of alcohol, such as drinking alcohol by a person who was under influence of alcohol while driving a same-sex apartment on the front of the same-sex apartment 511 at around 06:45, the Defendant was under the influence of alcohol, after receiving a report from a person who was not killed for drinking, while driving the same sprink on the front of the same-sex apartment 51.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 36 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of traffic laws on roads;

1. A report on internal investigation (referring to cases concerning the details of mobilization of the report);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;

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