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(영문) 대전지방법원 2015.11.26 2015고단3440
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to imprisonment with prison labor for night building intrusion, larceny, etc. at the Daejeon District Court on April 11, 201, and on July 18, 2013 at the Daejeon District Court on July 18, 2013, and the execution of the final sentence was terminated on February 7, 2015.

On August 27, 2015, at around 23:30 on August 27, 2015, the Defendant: (a) while driving at night a car, the Defendant: (b) died of a traffic accident where the said van and the cab are faced by a traffic accident, by stopping off the string to inform the risk of the accident.

On August 28, 2015, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instruments between the police station guards and the police officers belonging to the Daejeonsan Police Station, in the flow zone of Daejeon Police Station from around 00:50 on August 28, 2015 to around 01:15 on the ground that there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as snicking, smelling, smelling, drinking in the entrance, and snicking, snicking, snicking, etc.

그럼에도 불구하고 피고인은 입김을 불어넣는 것을 회피하거나 입김을 불어넣는 시늉을 하는 등으로 정당한 사유 없이 이에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (pre-suspect A repeated crime and confirmation);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. All the conditions for sentencing, such as the fact that the instant crime was committed without being aware of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that the instant crime was committed once again, three times the same kind of fine, taking into account some motives for the crime, and the Defendant’s age, occupation, and behavior environment.

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