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(영문) 대구지방법원 2013.09.05 2013고단4388

도로교통법위반(음주측정거부)

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

Around 06:35 on May 14, 2013, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument in a manner that makes it difficult for the Defendant to recognize that the Defendant driven a Ctoscar car under the influence of alcohol, such as drinking, smelling, snicking, snicking, etc. from the slope belonging to D Zone D District of the Daegu East Police Station D District of the Daegu East Police Station, while driving the Ctoscar under the influence of alcohol.

However, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason by evading it through a means that he or she takes a bath to a police officer and refuses to take a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs, which require the measurement of alcohol;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

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

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture is important, but there is no criminal conviction or heavier than a suspended sentence, and the defendant's age and occupation and other normal materials revealed in the trial process shall be determined as ordered in consideration of the sentence.