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(영문) 대구지방법원 2014.01.23 2013고단6463
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 October 18, 2013, the Defendant violated the Road Traffic Act (refluence of noise measurement) on and around 04:48 on October 18, 2013, on the new street in the 1330-dong 1330-dong 1330, and was under the influence of drinking driving from the slope D belonging to the Daegu Water Police Station C District Unit in the traffic signal atmosphere.

At the time, there are reasonable grounds to believe that the defendant was driving under the influence of alcohol by drinking, such as sniffing red, booming, and smelling, the defendant demanded a sniffing DNA to take a drinking test, but the defendant did not comply with a police officer's request for a drinking test on four occasions from 05:31 to 06:08 of the same day without justifiable grounds.

2. Around 04:48 on October 18, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driven approximately 300 meters from the front side of the new square at the galle-gu Simp-dong in Daegu Simp-dong without a driver’s license to the front side of the new street in the Daegu Simp-dong in the Daegu Simp-dong.

3. On June 20, 2013, the Defendant violated the Automobile Management Act: (a) purchased the said B windowsle car from a person who was unaware of his name in the vicinity of the Daegu Suwon-gu apartment; and (b) did not file an application for ownership transfer registration even if he purchased the said B windowsle car from the person who

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. Investigation report of refusal to measure drinking alcohol;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure sound), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license), Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the occupation of filing an application for non-registration of ownership transfer), and choice of imprisonment with prison labor;

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. Order to attend a compliance lecture;

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