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(영문) 대구지방법원 2019.11.21 2019고단5143

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

On July 2, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court as a crime of violation of the Road Traffic Act.

Around 03:10 on September 1, 2019, while driving a vehicle CK5 vehicle while under the influence of alcohol on the road in front of Daegu-gu B, Daegu-gu, and receiving a report of 112, there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as a red and long-distance on the Defendant’s entrance, while driving the vehicle CK5 vehicle in front of Daegu-gu, and being called for after receiving a report of 112, the Defendant was requested by the police officer to comply with the breath test by inserting the breath of alcohol in the manner of inserting the breath of the vehicle in front of Daegu-gu, Daegu-gu, without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on internal investigation - Statement by reported telephone;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose 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 conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are only one history of punishment for the crime of poorness or violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving of the drunk;