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(영문) 대구지방법원 서부지원 2014.04.14 2014고단311
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 23, 2014, at around 23:35, the Defendant driven CM5 vehicle without obtaining a driver’s license in a section of about 500 meters from the front day of the Defendant’s house located in Daegu-gu Office B to the front day of the merchant elementary school located in 211 in the same monthly valley-ro 211 in the same Gu.

2. Around 00:22 on January 24, 2014, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 35 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as being driven by the Defendant, while driving CM5 automobiles in front of the merchant elementary school located in the 211 (Merchantdong) in the middle-gu west-gu Seoul Metropolitan City, while drinking alcohol on the front of the merchant elementary school located in the 211 (Merchantdong).

Nevertheless, the Defendant, who did not live in the entirety of the Defendant, avoided it by allowing almost all of them to enter a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the Automatic Driver's License Register;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 2, and Article 44 (1) of the Road Traffic Act (the occupation of refusing to measure such foods, the choice of imprisonment) of the choice of punishment;

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

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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