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(영문) 창원지방법원 마산지원 2018.02.07 2017고단1260
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 July 21, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the BK7 car without obtaining a driver’s license from the front of the apartment site to the front road of the apartment complex of approximately KRW 1.7 km-ro 2 in the merpt-ro 80, Changwon-si, Masan-si, the Masan-si, the coast of the Masan-si, the Changwon-si, Seoul-si, without obtaining a driver’s license from the front of the apartment site to the front road of the apartment complex.

2. On July 21, 2017, the Defendant violated the Traffic Act (refluence of drinking), driving a motor vehicle under the influence of alcohol on the front apartment complex of 2 Masan-dong Police Station C InspectorD, etc. in the Masan-dong Police Station C, etc., where he/she controlled drinking on the front of apartment complex, with a large amount of drinking alcohol, with a large amount of drinking alcohol, red around the snow, and under the influence of alcohol, such as snow snow snow snow, etc.

Due to reasonable grounds, there was a demand from time to time to respond to the examination by the reduction of drinking for about 10 minutes.

Nevertheless, the Defendant repeated the phrase “no mistake has been made” and avoided the police officer’s attempt to leave the site by hand and attempted to leave the site, and did not comply with the police officer’s request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

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

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor for a crime;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish him/her in light of the risk of driving alcohol, and the defendant is driving alcohol.

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