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(영문) 창원지방법원 2018.11.22 2018고단2490
도로교통법위반(음주측정거부)등
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

1. On June 30, 2018, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking snow, from a policeman affiliated with the D police box in the Jinhae Police Station, who was called for, and was under the influence of alcohol, while driving a C-learning passenger car at the front parking lot of the previous Gu, which was driven by the Defendant at the early stage of the police station, in a manner that he was under the influence of alcohol by the Defendant, while driving the C-learning passenger car at the front parking lot of the previous Gu, which was under the influence of alcohol.

On June 30, 2018, from around 03:40 on June 30, 2018 to about 20 minutes, it was demanded to respond to the measurement of drinking in a manner of inserting the whole in four times from around 03:40.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

2. Defendant 1 driven a C-learning car without obtaining a driver’s license at the date and place specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. 112 Reporting case handling table;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing as indicated in the instant case.

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