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(영문) 창원지방법원 마산지원 2018.08.10 2018고단587
도로교통법위반(음주측정거부)
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

On May 18, 2018, at around 22:45, the Defendant driven an Ebenz car at approximately 1km section from the front of the C cafeteria in Changwon-si, Changwon-si B to the road located in the Changwon-si, Changwon-si, the Defendant, upon receiving a report from 112 that he was involved in a traffic accident, voluntarily accompanied by a slope G, a police box of the Msan Police Station in the Msan-dong Police Station in the Msan-dong, the police station in the Msan-dong, the head of the police station in the Msan-dong, and driven the Defendant under influence of influence of alcohol, such as a slope G, a police box in the Msan-dong Police Station I belonging to the Msan-dong, and a slope K with red light on the face, a rhhhhhhhhhhhhh and a rhhhhhhhhhhhh, and a

On May 18, 2018, from around 23:12 on May 18, 2018 to 23:44 on the same day, a person was required to comply with a drinking test by inserting the whole in a drinking measuring instrument six times on the same day, but “A person who was not driven by his or her infant, was driven by his or her infant, and did not drive his or her vehicle.”

“A person who did not comply with the sound without good cause,” and did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the actual survey report;

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

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. Determination of the same sentence as the orders of the above-mentioned sentence under Article 62-2(1) of the Criminal Act by comprehensively taking account of the following circumstances, the defendant’s age, occupation, and circumstances before and after the crime is committed.

- The recognition and reflect of the crime, and the re-driving of drinking again, that there was a history of fine twice as a crime of violating the Road Traffic Act (drinking);

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