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(영문) 창원지방법원 통영지원 2014.08.08 2014고단471
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 28, 2014, the Defendant was driving a cargo vehicle B1 ton without obtaining a driver’s license in a section of about 200 meters from the 23:15 occupon parking lot, counting from the occupon-dong, to the English village in the same Dong from the occup-dong to the English village.

2. On May 28, 2014, at around 23:15, the Defendant violated the Road Traffic Act (refluence) caused a traffic accident under which the Defendant was aware of the loading of 1 ton of b1 ton of b1 ton of b1 ton of b1 ton of b1 ton of brean of brean cargo at an English village, an English village, in the b

On May 28, 2014, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting approximately 25 minutes in a drinking measuring instrument through a breathm between the 25 minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling, smelling, singing, etc., from the superintendent E belonging to the above police station, at the D District of the Saby Police Station D, which is located in C at the same time, around 23:48.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (No. 15 No. Serials of Evidence list);

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Orders for probation and education;

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