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(영문) 창원지방법원 밀양지원 2013.12.19 2013고단533
도로교통법위반(음주측정거부)등
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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

However, this decision is delivered with respect to the above imprisonment.

Reasons

Punishment of the crime

On September 16, 2013, at around 21:40, the Defendant was required to comply with a drinking test by inserting the breath to 35 minutes of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, and drinking on the face, while driving a 100cc ambane without a license, from a significant village in the middle of the city of the city of the city of the Republic of Korea to the front side of the bus stops located in the same gular road to the front side of the bus stops located in the same gular road. However, the Defendant did not comply with a drinking test without justifiable grounds, even though the Defendant was required to comply with a drinking test by inserting the breath to 35 minutes of alcohol measuring the breath in the face of the city of the city of the Republic of Korea.

Accordingly, the Defendant, without a motorcycle driver's license, did not comply with the police officer's measurement, even though there are reasonable grounds to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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