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(영문) 부산지방법원 2013.06.19 2013고단226

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 13, 2012, the Defendant was sentenced to a suspended sentence of 8 months at the Busan District Court on April 13, 2012, for the crimes of violation of the Road Traffic Act, etc., and the judgment was finalized on the 21st of the same month, and the same kind of power is more than twice in addition

1. Around 23:00 on December 18, 2012, the Defendant was demanded to comply with a drinking test by inserting it into a drinking measuring instrument for about 44 minutes on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and smelling red on the face, while driving a DSS3 vehicle on the street prior to the treatment of scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic in front of the treatment of scopic scopic scopic sp

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

2. Around 23:00 on December 18, 2012, the Defendant driving a vehicle with approximately 200 meters distance from the frequency of the smuggling located in the Yongsan-gu, Jinhae-si, Changwon-si, Jinwon to the (ju) route in Busan Gangseo-gu, Busan, through a vehicle driving without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Control note;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. The Defendant for reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is subject to criminal punishment on two occasions, and the driver’s license on December 10, 201 for 110 days.