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(영문) 대구지방법원 안동지원 2016.10.28 2016고단651
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

The defendant is a person who drives Category C cargo vehicles.

On July 28, 2016, the Defendant: (a) driven the said cargo vehicle on the front of the E-road located in Ansan-si (from June 12, 2016 to July 31, 2016) during the suspension period of driver’s license on the front of the road located in Ansan-si; (b) on the ground that there are reasonable grounds to recognize the Defendant’s walking condition, and that the Defendant was engaged in a drinking alcohol test, such as a red blood color, the Defendant refused to take a drinking test without justifiable grounds even though he/she was requested by G from the background leading to the F Zone of the Ansan-dong Police Station, the Ansan-dong Police Station, and the Defendant refused to take a drinking test,

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a certificate of notification of a person who has failed to comply with a drinking alcohol measurement, notification of the results of the control of drinking driving, circumstantial observation report of drinking drivers, and

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes)

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The decision is delivered with the disposition, taking into account the following factors: (a) the Defendant’s character and character reflects the instant crime; and (b) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after committing the instant crime; and (c) the sentencing conditions indicated in the instant case, including the circumstances after committing the crime.

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