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(영문) 부산지방법원 동부지원 2017.07.12 2016고단1704
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Gangnam Branch Branch of the Chuncheon District Court on April 22, 2015, and is still under probation after the judgment became final and conclusive on April 30, 2015.

"2016 Highest 1704"

1. On September 17, 2016, the Defendant was driving a F rash car without obtaining a driver’s license from a section of about 50 meters from a section of around 13:30 of the Road Traffic Act (unlicensed driving) to a section of about 50 meters from the road located in C front and in D, located in B, Busan, the territory of which is located in D.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, at around 14:24 on the same day as the preceding paragraph, driven under the influence of alcohol, such as a red light with the testimony and face of the Defendant, who was called out by the captain of the Busan police station at around 14:24, when he received a report from the captain of the Busan police station at around 112 to the effect that he was frighting a drunk, and was driven under the influence of alcohol by a policeman at the Busan police station of the captain of the Busan police station at around 112.

There are reasonable grounds to determine a person, who is requested to respond to a drinking test at intervals of 10 minutes by inserting the whole in four times in a drinking measuring instrument, but did not comply with it without justifiable grounds.

around 14:10 on August 5, 2016, the Defendant driven the F Radon car at approximately 150 meters away from the front day of the restaurant to the 617 Aldon road of the coffee shop, the Gu-Umpi in Busan-gun-gun, Busan-gun, on August 5, 2016, at approximately 150 meters away from the front day of the restaurant, from the front day of the restaurant to the 617 Aldon-ro of the coffee shop.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to reports on detection of drivers working at the main place, reports on the circumstances of drivers at the main place, registers of drivers' licenses, and reports on the circumstances of unregistered driving;

1. Article 148-2(1)2 and Article 44(2) of the Road Traffic Act concerning facts constituting an offense, and Article 152 of the Road Traffic Act.

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