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(영문) 부산지방법원 2016.01.29 2015고단7321
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. On October 22 and 30, 2015, the Defendant driven a C chip car without obtaining a driver’s license from around about about 50 meters from the date before the gravel market located in the Southern-dong of Busan, the Nam-gu, Busan, to the front day of Samsung Digital Southern, which is located in the same Dong from around 50 meters.

2. On October 22, 2015, the Defendant was driving a vehicle while under the influence of alcohol, such as drinking, smelling on the front side of Samsung Digital South-west, Samsung-dong, Busan, which is located in the Southern-dong of Busan, on October 22:30, 2015.

There is a reasonable reason to determine personnel, and it was demanded from police officers belonging to the traffic safety department of Busan Central Police Station to respond to the measurement of drinking alcohol by inserting approximately four minutes in four minutes between the police officers belonging to the Busan Central Police Station.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses);

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 (Selection of Imprisonment with Labor) of the Road Traffic Act concerning the facts constituting an offense;

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 committed even if the defendant was punished by a fine for the surveillance of protection, community service, or attending lecture under Article 62-2 of the Criminal Act (the crime of this case was committed by the defendant due to the same crime of drinking in 200, refusal of drinking in 2009, driving of drinking in 2015, etc.)

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