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(영문) 창원지방법원 2016.04.15 2015고단3257
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2015, the Defendant was driving a CNA-si car without obtaining a driver’s license from around 500 meters in a section of around 02:30 of the Road Traffic Act, from around 02:30 to the front road of the 6nd apartment zone of the same attached 6th apartment zone.

2. On November 23, 2015, the Defendant: (a) was found to have been drunkly driven in front of the sixth apartment of the 6nd apartment zone, Kim Jong-dong, Kim Jong-dong, Kim Jong-dong, while drinking alcohol on the road; and (b) was found to have been driven in the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant and sprinking red on the face, from the DNA seat of the police station located in the Kimhae-dong, the police officer in charge of detection of the motor vehicle while driving the CN driver’s vehicle while drinking alcohol on the front of the 6nd apartment unit

As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the breathm between around 02:46 on November 23, 2015 to around 03:16 on the same day by inserting the breathm for about 30 minutes.

Nevertheless, the Defendant avoided so as to restrain a drinking measuring instrument by hand and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Noncompliance photographs;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Refusal of measurement of the provision of relevant Acts concerning the crime: Operation without a license under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act for the purpose of the crime: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, is sentenced to a fine of five times for violating the Road Traffic Act.

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