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(영문) 부산지방법원 2015.06.10 2015고단1202
도로교통법위반(음주측정거부)
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 became final and conclusive.

Reasons

Punishment of the crime

On February 16, 2015, at around 01:40, the Defendant was demanded to respond to the measurement of alcohol by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a drinking-free distance, while driving a bpad car under the influence of drinking, from C in the situation where the Busan East Police Station was affiliated with the Busan East Police Station, while driving the bpad car under the influence of drinking.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, investigation reports, field photographs, and the next red inquiry;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (including the fact that there is no special criminal record other than fines twice, and that social ties are obvious);

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