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(영문) 대구지방법원 2014.06.12 2014고단1935

도로교통법위반(음주측정거부)등

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

1. On March 13, 2014, the Defendant was driving a B-learning vehicle without a driver’s license in the section of about 5 km from the roads front of the frequency of mutual influence in the radius of the Daegu-si, Daegu-si, Seoyang-si, Seoyang-si, Seoyang-si, Busan-si, to the roads front of the University.

2. On March 13, 2014, at around 21:35, the Defendant violated the Road Traffic Act (refusing to take a drunk measurement): (a) on the 112-round 21:35 occasions; (b) the Defendant was required three times to respond to the measurement of alcohol by inserting alcohol in a breath method of injecting alcohol measuring instruments from the said D on the grounds that there are reasonable grounds to suspect that the Defendant was driven under the influence of alcohol, such as taking the breath of the breath of the breath of the breath of the Sinsan Police Station, which was reported to be suspected of driving under the influence of alcohol on the road in front of the breath of the breath of the Sinyang-si Sinyang-si Sin-si, and was dispatched to the police box at the same Eup after receiving a voluntary request from D police officers assigned

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection, a report on the primary driving, a report on the primary driving, and a report on the state of primary driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for a fine of five million won due to drinking driving in September 2013, but committed the instant crime again for only six months, and the Defendant committed the instant crime.