beta
(영문) 대구지방법원 2013.11.14 2013고단2105

도로교통법위반(음주측정거부)등

Text

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

except that 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 January 13, 2013, the Defendant, without a vehicle driver’s license, driven a CBa car at a section of about 40km from the Changwon apartment parking lot located in Seo-gu, Seo-gu, Seo-gu, Daegu to the Jinyang-gu office located in the Sinsan-si, Jinsan-si through the Jinyang-Eup office located in the Sinsan-si located in the same city pressure level.

2. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as, at the same time and time as in the preceding paragraph, on the road in front of the office of the Jin-Eup in the Jin-Eup located in the Jin-si in Gyeonggi-do, and on the face of snicking in the entrance, and failing to properly walk, etc., even though the Defendant was requested for a measurement of alcohol for about 30 minutes by inserting the whole lag from a police officer, he did not comply with a police officer’s legitimate request for a measurement of alcohol by avoiding the measurement of alcohol in a manner that does not take the site from a drinking measuring instrument.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the said Bana vehicle on the same date and at the same place as the foregoing paragraph; and (b) not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement;

1. The driver's license ledger;

1. Disqualifications of the main office;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act that choose a punishment (the rejection of drinking, the choice of imprisonment), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment), Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating a vehicle with no mandatory insurance and the choice of imprisonment);

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

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

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