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(영문) 부산지방법원 2016.04.20 2016고단832
도로교통법위반(음주측정거부)등
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

1. On January 30, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving on the street in front of the main station located in the city located in the Busan East-gu hot spring dong, Busan-dong, and driving B knick-do car without obtaining a driver’s license within a section of about 1km to the front of the department store.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), on January 30, 2016, the Defendant driven under the influence of alcohol, such as a remote distance, which is located in the hot spring dong-dong of Busan on or around January 23:12, 2016, in which the snow of the Defendant is shocked, is inaccurate, while driving the department store prior to the department store B, and the Defendant driven under the influence of alcohol.

Although there is a reasonable reason to determine a person, the Busan East Police Station guards and the slope C belonging to the traffic safety department in order to put about 30 minutes in a drinking measuring instrument for about five minutes, it was requested to comply with the drinking test, but did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A criminal investigation report (six pages of investigation records);

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 concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction in excess of the punishment penalty, and that there is a depth of the error);

1. Order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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