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(영문) 창원지방법원 거창지원 2015.11.11 2015고단248
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) and there are reasonable grounds to recognize that he driven under the influence of alcohol, such as smelling and smelling on the roads near the reserve forces development range in Egynam Innnam-gun, and on the roads near the B B B Poter cargo vehicle, and on the face of the Defendant boarding the freight vehicle, etc., the Defendant was demanded to comply with the measurement of alcohol by inserting the alcohol measuring machine into a breaon for three times in total from slopingD to which the C police box of the Korea Development Police Station belongs.

Nevertheless, the Defendant avoided this and did not comply with a police officer’s demand for alcohol measurement without any justifiable reason.

2. Around 20:00 on August 19, 2015, the Defendant driven a 1 ton cargo vehicle without a car driver’s license from the front of the Doro cafeteria cafeteria cafeteria cafeteria Gyeongnam-gun, Gyeongnam-gun, and up to the road near the entrance of the reserve forces for development in Eup/Myeon to the road near the entrance of the reserve forces for development in Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of the driver, a report on the primary driver, a field photograph, and the details of detection;

1. 112 reported case handling table;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes), among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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