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(영문) 부산지방법원 동부지원 2014.02.05 2013고단3096
도로교통법위반(음주측정거부)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 14, 2013, the Defendant: (a) driven a B rocketing car on November 14, 2013; (b) caused an accident of shocking a pedestrian C on the side that is walking along the side while driving a road near the Southern-gu Busan metropolitan area; and (c) went to an emergency room of “E Hospital” located in D.

At this point, the defendant was suspected of drinking, such as smelling at the entrance, and was asked by C to voluntarily drive the vehicle from the police officer who was called to the Busan Southern Police Station's office to the Busan Southern Police Station's Office, and the above office was sent to the above office, and there is reasonable ground to believe that the snow was shocked in the above office, the snow was smelled in the entrance, and the walk was engaged in drinking, and that there was a reasonable ground to believe that the walk was engaged in drinking by drinking, it was done in the above office, and he did not comply with the police officer's request for drinking measurement without justifiable reasons, such as smugglinging the drinking measuring instrument, even though he was demanded from the police officer to respond to the drinking measurement method by inserting it into the drinking measuring machine three minutes from November 14, 2013 to 18:25.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal conviction exceeding a fine against the defendant, and the defendant acknowledges his/her mistake);

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