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(영문) 창원지방법원 진주지원 2020.07.21 2020고단570
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 11, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court's Jinju branch on August 11, 201.

【Criminal Facts】

The Defendant, at around 16:50 on March 5, 2020, driven a B Cost Sheet to the front road of the Defendant’s house located in Sacheon-si, and continued to drive the Defendant’s house in D while receiving 112 report, was confirmed as a result of drinking alcohol, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, smelling and smelling, and the face of the Defendant, from around 17:15 to from around 17:45 on the same day, the Defendant did not comply with a police officer’s request for a alcohol measurement without justifiable grounds, even though he was required to comply with the alcohol measurement for four occasions from around 17:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, on-site photographs, etc., report on the circumstances of the drinking drivers, investigation report (report on the circumstances of the drinking drivers), and report on 112 case handling table;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the status of the defendant at the time of driving of the instant case, the details of the detection of the instant crime, the record of the previous punishment of the defendant, and the conditions of various sentencing as shown in the pleadings of the instant case, and the sentence as ordered.

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