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(영문) 대구지방법원 김천지원 2015.09.09 2015고단638

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not less than eight 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 00:30 on April 15, 2015, the Defendant driving B Popsing vehicle without obtaining a driver’s license on the front road of the training site for the reserve forces in the Gu, Si, Gu, Si, si, and Gu.

2. On April 15, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) and there is reasonable ground to recognize that he/she driven the above cargo while under the influence of alcohol, such as smelling by a police officer C belonging to the Gu and the police station, in a fluence district in the Gu and Sinsidong on April 15, 2015, at around 00:50, the Defendant was demanded to comply with the measurement of alcohol by inserting the b5-minute of the breath alcohol measuring instrument from around 01:14 on the same day.

However, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and the register of users of measuring instruments

1. Application of the ledger of driver's licenses and the statutes on cancellation thereof;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant recognizes all the crimes in this case and reflects his mistake, does not cause an accident due to the crimes in this case, and the age, character and conduct, environment, criminal records, etc. of the defendant are considered);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;