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(영문) 부산지방법원 2014.05.16 2014고단1380

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 3:50 on January 18, 2014, the Defendant was driving a rocketing car at a section of about 500 meters from the 500 meters radius before the Gyeongcheon-dong, Busan, without obtaining a driver’s license.

2. On August 18, 201, at around 03:50, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with a drinking test by inserting approximately 33 minutes the alcohol measuring instruments in the manner of making it difficult for the Defendant to see that he was driven under the influence of alcohol, such as influence of pedestrian conditions, and influence of face, while driving under the influence of alcohol, among the lockeds in the two-lanes of the Gyeongcheon-dong located in Busan Northern-dong, Seocheon-gu, Busan, by moving to the C zone to verify whether he was driven under the influence of alcohol.

그러나 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. The provisions of Acts and subordinate statutes on the register of driver's licenses, such as inquiry into the control of drinking and driving, reporting on the situation of driving.

1. Selection of each imprisonment with prison labor, in consideration of the relevant Act on the facts constituting an offense, the consideration of Articles 148-2 (1) 2, 44 (2) (non-compliance with the direction of noise measurement), subparagraph 1 of Article 152, and Articles 43 (Conduct of Driving without Driver's License) and the same penal power, etc.;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the combined penal term);

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;