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(영문) 창원지방법원 2016.12.22 2016고단3475
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2016, the Defendant: (a) was a driver of the vehicle Bi40 vehicle and parked in the vicinity of the road in front of the window that is located in the Cheongju-dong at the time of Kimhae-si on August 28, 2016, while driving the said vehicle, and was dispatched to the Defendant after receiving a 112 report, stating, “A man under the influence of alcohol is driving on the road while driving the vehicle at the center,” the Defendant did not comply with the above report without justifiable reasons. The Defendant was divided into: (b) the parking condition of the said vehicle; (c) the parking condition of the vehicle; (d) the Defendant was driving the vehicle at the seat of the vehicle; (d) the Defendant was a drinking-free place; and (e) the face is red; and (e) there is considerable reason to deem the vehicle under the influence of alcohol from around 22:45 to 23:19 on the same day, but did not comply with the demand of drinking without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. 112 reported case handling table;

1. Application of each statute on photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account the fact that the suspension of execution is against the law, the fact that there is no past record of criminal punishment, other than once a fine);

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