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(영문) 부산지방법원 2013.08.20 2013고단1989
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 16, 2013, at around 20:00, the Defendant: (a) driven C freight on the road in front of the Mancuk-dong, Busan, and (b) was shocked by D while driving D freight on the road in front of the Mancuk-dong.

Since there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling and smelling red, the Defendant, at around 20:40 on the same day, moved to the Busan Northern Police Station, located in the Busan Northern Police Station, to the Busan Northern Police Station's Office for the Investigation of Traffic Accidents, located in 63 on the same day, did not comply with a police officer's request for a measurement of alcohol for about 30 minutes from the slopeF belonging to the above traffic accident investigation department without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. Relevant Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

1. Social service order under Article 62-2 of the Criminal Act;

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