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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1764
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for six months and by a fine for 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 29, 2018, the Defendant: (a) driven under the influence of alcohol, such as drinking alcohol to the Defendant, while driving a CA110S lub in the front of an apartment unit mincing an apartment unit located in the Dong-ri-ri, Seo-gu, Busan on July 29, 2018; (b) while drinking alcohol to the Defendant from E, who is a policeman belonging to the Dratum of Busan on the Bratum; and (c) driven under the influence of alcohol, such as drinking alcohol to the Defendant and scaring red on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant driven the above CCA 110S Orba, without obtaining a motor device bicycle driver’s license from approximately 50 meters section 50 meters away from the spawa-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, Busan, to the front road of the apartment unit located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, a statement on the circumstances of the driver of the driving, and a report on the circumstances of the driver;

1. Investigation reports, refusal to measure drinking, and photographs refusing to measure drinking;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (the fact of refusing to measure drinking, the choice of imprisonment), 154 subparagraph 2, and 43 (the fact of driving a bicycle without a license for the motor device, the selection of fines) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act [Article 55 (1) 3 of the Act on Reduction of Small Quantity]

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act (the imprisonment with prison labor);

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