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(영문) 부산지방법원 2014.10.17 2014고단6338
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant 2014

6. On 13. 00:15, while driving a Dylty vehicle under the influence of alcohol on the roads near the Plockbabn-dong of Busan, the Defendant was required to comply with the alcohol measurement by inserting it into a drinking measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face from the slope F belonging to the Busan Summer Police Station E zone, which was called out after receiving a report that the Defendant was driving under the influence of alcohol.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The provisions of Acts and subordinate statutes governing the crackdown on drunk driving, the inquiry into the results of the crackdown on drunk driving, the statement about the situation of the alcoholic beverages

1. Selection of imprisonment with prison labor for a crime in consideration of the pertinent law and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and the same kind of force;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (in the recent years, it shall be considered that there is no same kind of power);

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

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

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