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(영문) 대구지방법원 김천지원 2018.04.26 2017고단1942

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 15, 2017, the Defendant driven a B-hand car while under the influence of alcohol at around 02:10 on September 15, 2017, and was on the wall surface and gas pipes above the passenger lane while driving the front road of the housing located in the Gu, Si, Si, Gu, and Gu.

On September 15, 2017, the Defendant was reported to the effect that “A vehicle that has a motor vehicle that has a collisiond with the wall of a house” was driven under the influence of alcohol by the head of the police box affiliated with the police box of the former American Police Station, which was called ahead of the house, and was driven under the influence of alcohol by the Defendant, such as the blood color of the Defendant, red and the string distance.

There is considerable reason to set a person, and thus, the police officer did not comply with a police officer's demand for alcohol testing without justifiable grounds from that time to 02:25 of the same day, from that time, to that time, despite being required to comply with the alcohol testing by inserting the breath of the breath in a measuring instrument for alcohol testing by inserting the breath of the breath E.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a ledger using a drinking measuring instrument, a report on the situation of a driver of a driving vehicle, a report on investigation (report on the situation of a driver of a driving vehicle), a report on the results of crackdown on driving alcohol, a report on internal investigation (with respect to refusal to sign a report on the results of crackdown on driving alcohol and a statement on the circumstances of driving under driving under the influence of alcohol), a report on internal investigation (with respect to refusal to sign a report on the results of crackdown on driving under the influence of alcohol), a report on internal investigation (Attachment to a report on investigation by a police officer in mobilization), a report

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant was sentenced to a fine of seven million won due to drinking driving in 2012; (b) the Defendant was sentenced to a suspended sentence of imprisonment twice in 2002 and 2006 on one occasion each due to the refusal to measure drinking; and (c) the Defendant was under the influence of drinking.