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(영문) 부산지방법원 2013.11.12 2013고단4043
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. Around 23:40 on May 26, 2013, the Defendant was driving a B message, without a driver’s license, at approximately 50 meters from the front day of the Jindo-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on May 27, 2013, the Defendant failed to comply with a police officer’s request for a measurement of drinking alcohol without justifiable grounds even though he/she was requested to take a measurement of drinking alcohol three times by a police officer D, on the grounds that there are reasonable grounds to recognize the Defendant to have driven the breath under the influence of drinking, such as smelling and smelling, at the C District District of Busan Police Station at the Busan Jindo Police Station, around May 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the volume of noise and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 55 (1) 3 of the Road Traffic Act concerning the violation of the Road Traffic Act at the time of the market];

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (i.e., the fact that an error is pened);

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

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