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(영문) 창원지방법원 마산지원 2016.09.28 2016고단775
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), around 07:40, the Defendant reported 112 at the expense of a driving person, while driving a C-learning car on the front and the front and rear-gu, M-S., M-S., and on the same day at around 08:06, the Defendant driven a vehicle while under the influence of alcohol, such as drinking a large amount of drinking alcohol and photographing a red light.

Due to reasonable grounds, there was a need to respond to the measurement of alcohol by inserting approximately 30 minutes into a drinking measuring instrument between the 30 minutes belonging to the said earth.

However, the Defendant did not comply with a police officer’s request for alcohol testing without any justifiable reason.

2. On June 17, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle with approximately 50 meters from the front day of the Posi-si Masan-si Masan-si to the front road of the Changwon-si Masan-si, without obtaining a driver’s license around 07:40 on June 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by G;

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

1. The ledger using sobling measuring instruments;

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

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (which acknowledges and reflects his/her mistake, does not have the same record as or higher than the suspension of execution, and the driver does not again drive under the influence of alcohol or without a license;

(3) such consideration as the

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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