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(영문) 대구지방법원 김천지원 2017.08.29 2017고단590

도로교통법위반(음주측정거부)등

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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. On April 27, 2017, the Defendant was driven under the influence of alcohol by recognizing the Defendant’s own driving of the vehicle under the influence of alcohol by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol, by recognizing that the Defendant was under the influence of alcohol, by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol, by driving the vehicle under the influence of alcohol on the 112 report.

A reasonable ground exists for the appointment of a person, the police box of the former U.S. police station located in G was voluntarily accompanied by a police box of the former U.S. police station located in G on the same day from 22:32 to 22:52 on the same day, and was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes in a manner of putting the breath in force.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven CM5 automobiles without obtaining a driver’s license from the date, place, and place stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of non-licensed driving) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant driven a motor vehicle without a driver’s license without driving the motor vehicle, and did not comply with a police officer’s legitimate demand for alcohol testing.