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(영문) 대구지방법원 2015.07.02 2015고단1707
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

On March 24, 2015, at around 22:30, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument in a manner that makes it difficult for the Defendant to recognize that the Defendant driven a vehicle under the influence of alcohol, such as smelling and smelling on the face, while driving the Drocketing vehicle under the influence of drinking on the front of C in Daegu Northern-gu, Daegu-gu. B. On March 24, 2015.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and report on internal death;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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