(영문) 대구지방법원 김천지원 2018.02.22 2017고단1722

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2018.02.22 2017고단1722

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten 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 October 25, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as a distance in which the Defendant was under the influence of alcohol, at the time of regulating a police official under the influence of alcohol at the time when he/she was under the influence of alcohol, so as to reduce the reaction of the Defendant’s drinking, smells, and walks at the bar, at the time when he/she was under the influence of alcohol, at around 14:32, 201.

There are reasonable grounds to see that the alcohol test was refused due to the failure to comply with the request for the measurement of alcohol three times at around 14:37, 14:48, and 14:53 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written statement, investigation report, notification of and inquiry into the results of drinking control, copy of the register of measuring instruments using drinking alcohol, investigation report (a photograph and image attachment taken by a person refusing to measure drinking alcohol);

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 small amount;

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

1. The punishment as ordered is imposed on several occasions due to the observation of protection, the community service order and the order to attend a lecture under Article 62-2 of the Criminal Act, and the punishment has been imposed on the grounds of drinking alcohol driving on May 15, 2013, with the records of being sentenced to a suspended sentence of two years on August due to the refusal to measure drinking on May 15, 2013, reflects the fact that the above suspended sentence was imposed again after a considerable period from the time when the above suspended sentence passed, and other circumstances, such as character, behavior

참조조문

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