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(영문) 부산지방법원 2016.02.03 2015고단2659
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2015, the Defendant, as the center of Busan Dong-gu around 02:30, 1342, from the front of the public parking lot in the 1342 urban railroad 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-dong-dong-dong-dong-dong-dong-dong-si

After the accident, the Defendant was sent to the emergency room of the Marine Transport Bag Hospital located in the Maritime Daegu Zone after the accident, and was driven under the influence of alcohol by viewing that the snow fluor was very red and smelling, etc.

on April 13, 2015: 05:20 on April 13, 2015; 05:30, 05:40, 05:5:51 on a slope E’s demand for the measurement of drinking alcohol.

〃 〃 4, and did not comply with a request for measurement of drinking on four occasions without good cause.

Summary of Evidence

1. Legal statement of witness E;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of the investigative report (the list Nos. 13 and 15 of evidence);

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (limited to imprisonment): The defendant and his/her defense counsel were in a state in which drinking is not measured due to a loss of normal consciousness at the time when the measurement of drinking is requested;

However, according to the evidence of the judgment, the facts charged can be sufficiently recognized, and the above argument is not accepted since each legal statement of the witness F, G, and H and the evidence submitted by the defense counsel alone are insufficient to reverse it.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the probation shall be selected in consideration of the fact that there is no special criminal history, and that social ties are evident, in addition to the punishment of a fine imposed on one occasion due to drinking driving, although the nature of the crime is poor in denying the crime of this case);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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