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(영문) 부산지방법원 동부지원 2013.12.11 2013고단2699
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On August 20, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and around 150 meters from the parking lot of Busan Shipping Daegu City, 142 cents and 206 cents and from the parking lot of 10km to the parking lot of Yong-gu, Nam-gu, Busan, and continuously driving the said vehicle at approximately 150 meters from the parking lot of Yong-gu, Busan to the road of the Yong-gu, Yong-gu, 22:37 on the same day.

2. On August 20, 2013, the Defendant violated the Road Traffic Act (refusing to take a drinking level), even though there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling and smelling on the face, from the slope E belonging to the Busan Southern Police Station, which was under the influence of drinking driving, while driving D mixed automobiles on the front of the Busan Southern Coastline Terminal, on August 20, 2013, the Defendant did not comply with the drinking level without justifiable grounds, even though he was demanded to comply with the drinking level by inserting the drinking measuring machine four minutes in four minutes, in a manner of making it difficult for him to take a drinking level.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of Article 148-1 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction heavier than a fine to the accused, and that there is no depth in relation to the instant crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;

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