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(영문) 창원지방법원 2017.11.09 2017고단3263
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

On July 13, 2017, while driving a rocketing car with a shooting distance driven in the window of the Dong-Eup of the Changwon-si on July 13, 2017, at around 00:59, while drinking, the driver was driven under the influence of alcohol by drinking a traffic accident by 112 reported by him/her, and driving the vehicle under the influence of alcohol by drinking it by drinking alcohol to the Defendant from the Chief D of the Changwon Police Station of the Changwon-gu Police Station called up after receiving a report by 112.

There is a reasonable reason to determine a person, who requested a test by drinking reduction, but has been avoided for about 20 minutes, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to report internal investigation (on-site conditions and accompanying photographs);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relation, economic situation, and circumstances before and after the commission of the crime.

The crime of this case at a disadvantage: The crime of this case is committed without any justifiable reason by failing to comply with a police officer's request for alcohol alcohol measurement; the nature of the crime is inferior; the defendant had been punished several times due to the violation of the Road Traffic Act including his previous convictions due to the same kind of crime, but again led to the crime of this case: The fact that the defendant recognized the crime and seriously reflected.

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