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(영문) 대구지방법원 안동지원 2012.09.07 2012고합96

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 21, 2012, the Defendant violated the Road Traffic Act (unlicensed without a license) driving on March 21, 2012, 31:20, the Defendant driven the CJ 4-wheeled vehicle at the section of about 10km from the 10km away from the road before the Busan ship yard was located in the west-gun, Busan, the Busan ship yard located in the west-gun, Gyeongyang-gun, Busan, to the exit of the wing-si.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) on March 21, 2012, the Defendant refused a request for a measurement of drinking level by a police officer without justifiable grounds, even though he was required to comply with a measurement of drinking level by inserting the drinking measuring instrument three minutes between about 20 minutes and 3 minutes, while driving a motor vehicle with the four wheeled-wheeled vehicle from the slope D belonging to the Dobongan Police Station, while driving the motor vehicle at the above singnasium 22:13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Details of inquiries about the results of the crackdown on drinking driving, and management of reports on the detection of drinking alcohol;

1. Each investigation report (investigation into the control situation and the driving distance without a license);

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime and driving without obtaining a license or a sentence: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act to refuse to take a measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes), among concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include nine times the period of suspended execution due to previousless licenses, drunk driving, etc., and the Defendant has a record of serving nine times the period of suspended execution. < Amended by Act No. 9534, Mar. 1, 2009>