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(영문) 부산지방법원 2015.08.26 2015고단2824
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant was driving a B SP motor vehicle on the front of the international white apartment located in the city of the Busan-dong, Busan-dong, Busan-dong on April 04:06, and there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as red and heavy snowing, and thus, the Defendant did not comply with the request for a drinking test for about 20 minutes from a slope C belonging to the Busan Jin-dong, Busan-dong, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (34 pages of evidence);

1. Application of Acts and subordinate statutes to photographs refusing to drink alcohol, inquiries about the results of crackdown on drinking driving, and circumstantial statements of drinking drivers;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) has no record of punishment exceeding a fine for the same crime, and there is no special record of crime other than that sentenced to a fine for the same crime twice,

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

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