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(영문) 대구지방법원 2013.07.18 2013고단3226

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 April 4, 2013, at around 02:36, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of alcohol into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a b1 ton of alcohol while driving a drinking vehicle from a slope C belonging to the Yeongdeungpo-gu Police Station while drinking, such as smelling alcohol and sprinking red on the face, while driving a motor vehicle with approximately 30 minutes of alcohol.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of an employee;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on detection of a host driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act is limited to the defendant's responsibility for the reasons of sentencing under Article 62-2 of the Criminal Act, but there is no criminal record since 2009, the defendant does not reach recidivism, the defendant supports his wife and two children by leaving the deaf's house and actually furns his mother, the defendant's age, occupation, and economic situation, and the sentence is determined as ordered in consideration of all the normal data revealed in the public trial process such as the defendant's age, occupation, and economic situation.