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(영문) 부산지방법원 2016.01.29 2015고단6220

도로교통법위반(음주측정거부)등

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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 06:00 on September 6, 2015, the Defendant driven a B rocketing car without a vehicle driver’s license in a section of about 400 meters between the three-lane distance distance in the vicinity of the amended fire station of the Busan East East-dong, Busan-dong, which was located in the same department of the fire station.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant was seated in the driver’s seat above the signal waiting in the signal waiting distance from the high-speed distance in the Dong-dong, Busan at the time of the day set forth in paragraph 1.

Accordingly, the defendant was found to be faced with the 112 reported by the Busan East Police Station C District Guard of the Busan East Police Station, where the vehicle stops on the road, and the defendant was driven under the influence of alcohol, such as a fluoring of a red, visual, and an inaccurate and inaccurate drinking, etc.

When there are reasonable grounds to determine the person, the Inspector D requested the measurement of alcohol, so he/she did not comply with the measurement of alcohol over three times in total on the same day as he/she did not drive the person.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. The ledger of driver's licenses of the victim, and details of revocation of suspect's licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and Articles 148-2 (1) 2, 44 (2) and 152 subparagraph 1 and 43 of the Road Traffic Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (i.e., reflectability of the accused and the fact that there is no record of the crime exceeding the fine, considering extenuating circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution (Special Consideration, such as the reflection of the accused and the fact that there is no past record of the crime exceeding the fine);

1. The crime of this case was committed under Article 62-2 of the Criminal Act (the defendant was punished six times by a fine for the same kind of crime).