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(영문) 대구지방법원 2016.09.22 2016고단3352
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2016, at around 00:40 on May 14, 2016, the Defendant driven a blater while drinking alcohol in a section of about 26 meters from the entrance of the electronic commercial rooftop parking lot in the Daegu Northern-gu, Daegu-gu to the office of security guards for the first floor of the said parking lot. On the other hand, the Defendant driven a blater while under the influence of alcohol, such as smelling alcohol to the Defendant from the background D belonging to the Police Station C of the Daegu Northern-gu, Daegu-gu, by drinking alcohol and scaring red on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a measuring instrument for drinking.

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of enforcement, and application of Acts and subordinate statutes to the ledger of licenses for automatic winding;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records of this case, such as the observation of protection, the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been sentenced to punishment due to the refusal of drinking alcohol measurement in the past.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

Since the defendant was punished for the same kind of crime in 2009, the defendant has been well aware of for a considerable period of time.

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