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(영문) 부산지방법원 2014.09.22 2014고단5841
도로교통법위반(음주측정거부)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license on June 20, 2014, the Defendant driven a BB UF car at the 1km section from the front of a cafeteria located in the Busan East-gu, Busan to the front of the Samsung Electronic Services Center located in the same Dong to the roads located in the same region.

2. Around 01:00 on June 20, 2014, the Defendant demanded that the Defendant comply with the alcohol alcohol measurement by inserting the alcohol measuring instruments into several occasions, on the grounds that there are reasonable grounds to recognize that the Defendant driven the said vehicle under the influence of alcohol, such as a slope C belonging to the Busan East Police Station, which was under the influence of alcohol driving, was aware of the Defendant’s drinking on the road before the Samsung Electronic Service Center, and a snick C, which was under the influence of alcohol driving, was snicking in the Defendant’s entrance.

Nevertheless, the Defendant refused to put the breathm in a drinking measuring instrument on the part of the Defendant, stating, “Is the way to resolve by money.” It is difficult to say, “Is the need to see the flexibility,” and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as a written report on the results of the control of drinking driving, a report on the state of drinking drivers, investigation reports, refusal to measure a drinking, a detailed statement of revocation of

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The criminal records against the defendant under Article 62(1) of the Criminal Act, and the criminal records punished beyond the fine are imposed on him/her;

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