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(영문) 대구지방법원 2015.12.22 2015고단5472

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

The Defendant, at around 06:55 on November 01, 2015, was driving a motor vehicle at C in the middle-gu Daegu-gu B, Daegu-gu, with the report of 112, failed to comply with the drinking test without justifiable grounds, even though the Defendant was requested to comply with the drinking test by inserting approximately 45 minutes in a manner of putting the body into a drinking measuring instrument three-minutes, such as sniffing, sniffing, sniffing, sniffing, sniffing, sniffing, sniffing, sniffing, ging, sniffing, sniffing, and failing to properly hold the body.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of the driver, and photographs of the suspect's seat in the vehicle;

1. Application of the Acts and subordinate statutes to report on the occurrence of case and to notify the results of drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. It is so decided as per Disposition on the grounds of an order to attend lectures or an order to provide community service under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act