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(영문) 대구지방법원 2016.06.30 2016고단1496
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six 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

1. On March 22, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car in approximately 5km section from the front of the 71 Daegu-gu funeral hall, Daegu-gu, Daegu-gu, to the high pressure distance prior to the front of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the lap of the

2. The defendant, at the time specified in the above-mentioned paragraph (1), driven a motor vehicle while under the influence of alcohol, such as the defendant's face and snow in front of the hot spring of the ambryp of the ambryp of the ambryoth of the ambryoth of the ambry.

On March 22, 2016, at intervals of 10 minutes from around 01:03 to 01:33, it was demanded to respond to the measurement of alcohol at intervals of 10 minutes from the slope C and the police box affiliated with the police box dispatched after receiving a report due to a reasonable reason to designate a person.

Nevertheless, the Defendant avoided in a manner that does not have 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. Statement by the defendant in court;

1. Notification of the result of enforcement, and application of Acts and subordinate statutes to the licensing ledger;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 subparagraph 2 of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of refusing to drive without obtaining a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the same kind of crime in the past several times, and in particular, refuses to measure drinking twice.

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