beta
(영문) 대구지방법원 2013.06.20 2013고단2785

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six 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. Around 23:30 on March 30, 2013, the Defendant driven a B rocketing car without a vehicle driver’s license on the front side of the bridge in Daegu Suwon-gu, and up to the front side of the same Gu, from around 1 kilometer of the same Gu.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting a drinking measuring instrument for about one hour from 23:35 to 0:30 on the same day, on the grounds of considerable grounds to suspect that the Defendant driven under the influence of alcohol, such as the Defendant, from a slope C working at the traffic safety department of the Daegu Water Police Station at the upstream of the Daegu Water-gu Suwon-gu Water Zone at the front of the foregoing temporary border, by smelling alcohol, by smelling the Defendant with a profoundly, by drinking, and unable to walk the snow, by walking, with a strong eye, and by walking, without a proper walking, his body.

Nevertheless, the Defendant avoided so as to keep a drinking measuring instrument in his hand and did not comply with a police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Statement under circumstances;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of driving without a license) of the same Act, the selection of imprisonment for each sentence;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that the defendant was punished three times due to drinking or unlicensed driving, and the crime of this case was committed. However, the defendant's mistake is against his/her duty, and the defendant has no criminal record of suspended sentence or more.