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(영문) 대전지방법원 2014.04.25 2014고단859

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

On February 19, 2014, the Defendant avoided a alcohol measuring instrument in a manner that does not put it into a alcohol measuring instrument and does not comply with a police official’s request for measurement of alcohol without justifiable grounds, even though he/she was required to comply with a alcohol measuring instrument by inserting it into a alcohol measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as drinking, smelling, drinking, drinking, drinking, drinking, etc. at the Jung-gu Police Station belonging to the Daejeon Middle-gu Daejeon Police Station, at around 01:10, while he/she was driven by C, while drinking alcohol on or around February 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on drinking control results;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. three times a fine due to drinking alcohol driving, two times a fine for a different species of punishment, and no other criminal record exists, the attitude of reflect, the age and occupation of the accused, etc. shall