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(영문) 부산지방법원 동부지원 2020.05.20 2019고단2395
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 October 4, 2016, the Defendant was issued a summary order of KRW 3 million by Busan District Court due to a crime of violation of the Road Traffic Act.

1. On September 9, 2019, at around 08:35, the Defendant was demanded to comply with a drinking test by 4 times in total from 09:25 of the same day, including a police officer E belonging to the Busan Police Station D Zone Unit of the Busan Police Station, who was called for after receiving a report of a drinking driving, while driving the C-learning car on the road in front of the building B of the Busan Si/Gun of the Busan, under the influence of alcohol, and was found to have driven the vehicle under the influence of alcohol, such as smelling alcohol and smoking on the face.

Nevertheless, the Defendant avoided the so-called so-called so-called a drinking measuring instrument by hand, and did not comply with the police officer's request for a drinking test without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place set forth in paragraph (1) of this Article, driving the said C bargaining car without obtaining a driver’s license.

3. The Defendant causing property damage, at the time and place of Paragraph 1 above, demanded the police officer to send out and respond to the alcohol alcohol measurement. On the ground that the fire occurred, the Defendant, who was parked on the road, sent back the front unit of the Genes car owned by the victim F, twice a week, thereby damaging the victim’s front unit part of the passenger car.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. The image of rejected measurement;

1. Each statement of F and H prepared;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;

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