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(영문) 창원지방법원 2018.01.09 2017고단3740
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

Punishment of the crime

1. On October 26, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking alcohol, smelling the center line while driving a motor vehicle for EK5 vehicle while drinking the motor vehicle on the road in front of a DNA certified brokerage broker located in the Gu, which was driven by the Defendant; (b) and (c) driving the motor vehicle under the influence of alcohol by the Defendant, from a policeman affiliated with a police box of the police box in the Gyeongnam-nam Police Station in the Gyeongnam-gu, Seoul Special Metropolitan City, who was called upon, after receiving a report, by committing an accident involving a breabing a brea on the street while driving the motor vehicle on the road in front of a DNA certified broker located in C,

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole in four times from around 05:30 to around 05:58 of the same day by inserting the breath in a total of four times.

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

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving of the vehicle EK5 vehicle from the 400-meter section prior to the I restaurant located in H in the city of Changwon-si in the city of Changwon-si to the front road of the D Authorized Broker in the Gu of the same Gu without obtaining a driver’s license from around 400 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes to photographs and photographs of accident scene vehicles, and photographs of suspect drinking refusal to measure;

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. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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