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(영문) 창원지방법원 진주지원 2016.02.03 2015고단1103
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint coercion) at the Changwon District Court on July 18, 201, and completed the execution of the sentence on January 26, 2014.

1. On September 8, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a CMW car at the section of about 3 km from the day front of the Arosing singing-dong in the Jing-si without a driver’s license to the front road of the city bus conference located in the Jing-si in the Jing-si, Jing-si without a driver’s license.

2. On September 8, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a CMW car while drinking alcohol on the road front of the city bus meeting located in the Jambling-dong on September 8, 2015. On the other hand, the Defendant under the influence of alcohol while driving the CMW car while under the influence of alcohol by controlling E on the circumstances in which D district groups, which was under the influence of drinking control, led to the reduction of drinking while drinking alcohol, the Defendant was under the influence of alcohol, such as a red, snow, and a remote

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 30 minutes in a drinking measuring instrument.

Nevertheless, the defendant, without good cause, failed to comply with a police officer's request for measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Crash photographs;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, current status of personal identification, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The defendant was punished for driving under drinking twice for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume.

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