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(영문) 대구지방법원 김천지원 2018.05.01 2018고단170
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

The Defendant is a person engaging in driving a BMW car.

On January 31, 2018, the Defendant: (a) parked on the road in front of the Daegu Bank's office located in 599, the Daegu Bank's office located in Sinsi-si, Sinsi-si on the road; (b) received the above C's 112 report, which caused the accident attributable to the left-hand part of the DNA-si's car parked on the road; and (c) received the said C's 112 report, the Defendant called the E District Assistant F for the Gu-U. police station.

At around 23:45 on the same day, the Defendant driven under the influence of alcohol by the Defendant, such as the Defendant’s smelling at the entrance of the Defendant on the road, influence of drinking, and so on.

There is a considerable reason to suspect that the FF had been requested to comply with the measurement of drinking alcohol by inserting it four times from the same day to 0:04 on February 1, 2018 on the same day, and the F did not comply with such demand without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial statement report of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to the ledger using a drinking measuring instrument;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., that the defendant is against his/her will, and that the defendant has no record of criminal punishment exceeding the fine for the same kind of crime);

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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