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(영문) 창원지방법원 마산지원 2017.10.20 2017고단925
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol by driving the motor vehicle while driving Franb from approximately 100 meters of Franb on the roads of the main station C located in the Chang-si Mapo-si, Changwon-si, Changwon-si B to the roads of the Escki in the same Gu from around 100 meters away from the roads located in the same Gu, on August 22:30, 2017.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 18 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not pay a fine of 6 million won to the prison because he had been under the influence of drinking for a long time.

At this time, the death will be caused by the crackdown on drinking.

An absolute measurement means that a police officer has not complied with a request for a measurement of drinking without justifiable grounds by refusing to measure drinking.

2. On August 1, 2017, the Defendant driven Franb, without a motor device license, at approximately 100 meters from the front day of the Changwon-si, Changwon-si C main shop located in the Changwon-si, Changwon-si B to the Hoki-si located in the same Gu from approximately 100 meters ago to the Eski in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the main driving report, the driver's license register, and the Acts and subordinate statutes concerning editing pictures which have rejected any measurement;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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