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(영문) 대구지방법원 포항지원 2017.08.09 2017고단652

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as a video recording that the Defendant driven the said motor vehicle on the front road of the relevant Cart by driving the said motor vehicle, and driven the motor vehicle under the influence of alcohol, when the Defendant was able to snife the Defendant, snife the Defendant, snife the Defendant, snife the Defendant’s snife, knife, and knife the Defendant’s mar on the front road of the relevant Cart at the port of call at the port of port of 01:39.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately three times the whole in a drinking measuring instrument.

Nevertheless, the defendant should be why he was driving in the above F. It is why he would be why he was driving.

Afreshing "Cresh" with a noise, etc., did not comply with a police officer's request for measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. 112 Reporting case handling table;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to investigation reports (or refusal to measure drinking);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act, the choice of imprisonment for a crime (to take into account the fact that a traffic control police officer refuses to measure drinking while taking a bath to him/her, and the fact that he/she has a previous record of driving drinking twice during the last three years);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;