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(영문) 부산지방법원 동부지원 2016.01.21 2015고단2421
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 21, 2015, the Defendant: (a) driven a C Lastren vehicle without obtaining a driver’s license from the front of the Korea Shipping Culture Center located in the Busan Shipping Daegu metropolitan area on November 21, 2015 to the front of the Navy elementary school located in the same Dong and located in the same Dong, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (refluence of drinking), Defendant 1 driven a rocketing motor vehicle while drinking alcohol at the same time and place as indicated in paragraph (1) above, while parked the said motor vehicle on the two-lanes of the road in front of the elementary school in front of the dispatching the corresponding year, and then snicking it to the Defendant from D having a seat in the seat of the seat of the vehicle while locked at the driver’s seat while driving the motor vehicle at a two-lane, and was under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the dice so that it can not be put into a drinking measuring instrument four times between about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning 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. The following circumstances are the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing as set forth below), and the Defendant’s age, sex, environment, circumstances leading to each of the instant crimes, and circumstances before and after the instant crimes.

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