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(영문) 부산지방법원 동부지원 2014.04.09 2013고단3005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Busan District Court’s branch on August 17, 2012, was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch, and the judgment was finalized on August 25, 2012 and is still under probation period.

【Criminal Facts】

1. Around 01:46 October 4, 2013, the Defendant violated the Road Traffic Act (driving) driving at a distance of 2 meters the C mnife vehicle while under the influence of alcohol with a blood alcohol concentration of 0.110% on the front of the 111 parking lot of apartment houses, as an entertainment located in the plane captain-gun in Busan-gun, Busan-gun.

2. Around 15:00 on October 25, 2013, the Defendant violated the Road Traffic Act (i.e., refusal to measure the noise level) caused an accident in which the wheels of the passenger car moves away from the road to the right side of the road while driving a DNA car at an open-type access road located in the plane captain in Busan, Gun, and Eup.

After that, E, a mobilization of insurance contracts for modern marine traffic accidents, was called to the scene of the accident at around 17:10 on the same day, and the defendant was sniffed and sniffed, and reported 112 on the suspicion of drinking driving, such as drinking distance, and the defendant was present to the Busan Coast Guard.

At around 18:02 on the same day, the defendant was requested at least 30 minutes to respond to the measurement of drinking alcohol by a slope F belonging to the Busan Metropolitan Government Police Station, and the defendant did not comply with such request without justifiable grounds.

Summary of Evidence

【Criminal Facts1】

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Report on internal investigation (investigation into Application of the Flamark Official Recognition) (Article 2 of the Act on Criminal Facts);

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on the actual state of the driver;

1. Investigation report (to hear telephone statements from the police officer on the spot) (crime record);

1. Statement of criminal history records;

1. Application of Acts and subordinate statutes to investigation reports (adjudgments, etc.);

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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