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(영문) 부산지방법원 동부지원 2018.09.20 2018고단1268
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 28, 2018, the Defendant: (a) was driving a vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol, which was driven by C in the same direction as it was driven by drinking while driving a B cab in the same direction from around the Green Donsan-si Green Donsan-dong, to the entrance of the parallel at ordinary high-priced vehicular road located in the Busan Metropolitan City’s articles of incorporation, the front line of the vehicle is driving in the same direction; and (b) while the above cab was set up on the road adjoining to the Sejong Metropolitan City, the Defendant was working in the state of alcohol, such as a motor vehicle under the influence of alcohol, from around the 14:50 on the 14:50 on the Donsan-dong Donsan-dong Donsan-dong, to the Defendant’s Don-dong Don-dong Don-gun.

Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 31 minutes in a manner that makes it difficult for him/her to take a drinking test at least three times, he/she did not refuse it and did not comply with the request for the measurement of drinking without justifiable grounds.

2. Defendant 1, who violated the Road Traffic Act (unlicensed Driving), was driving the said cargo vehicle without a driver’s license from the date and time of paragraph 1 of the above, to the front day of the Pyeongtaek-ri, Busan, the Busan, the Busan, the District Office’s articles of incorporation, the 1 km distance from the front day of the Pyeong-gu, Busan, the Busan, the District Office’s articles of incorporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the reporting on detection of drivers at home, the circumstantial statement, each investigation report, rejection of measurement, photographs, and licensing inquiries;

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 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture or an order to provide community service.

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