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(영문) 부산지방법원 서부지원 2019.06.12 2019고단108
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 5, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and driven an Ediscicker car without obtaining a driver’s license from the front of the Defendant’s house located in the Busan East-gu, Busan, to the road in front of the D’Ka Center located in the Busan, Seodong-gu, and without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of Measurement) reported that the Defendant was assaulted by the owner of the car center on the date and time set forth in Paragraph 1 and at the same place to the owner of the car center on the same entry.

The Ka Center said that the police officer called "the defendant had driven a drinking car".

Therefore, there are reasonable grounds to recognize that a police officer was drinking at the location of the Defendant’s breath as a result of the police officer’s drinking reduction, and that the Defendant was drunk while drunk, such as smelling and smelling red on his face, and driving the Defendant. Thus, the Defendant avoided this request and failed to comply with a police officer’s request for a drinking measurement without justifiable grounds, even though the breath of the police officer’s H level located within Busan Sandong Police Station G District in F, Busan, for about four minutes from around October 5, 2018 to about 24 minutes (round 04:27, the first measurement, the second measurement, the second measurement, the third measurement, the third measurement, the third measurement, the fourth measurement, the fourth measurement, the fourth measurement, the fourth measurement, and the fourth measurement:51).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of image closure photographs and photographic Acts and subordinate statutes refusing to measure drinking;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment, respectively,

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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