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(영문) 대구지방법원 경주지원 2014.01.28 2013고단773
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

1. On November 17, 2013, the Defendant violated the Road Traffic Act (refluoring to measure the noise level) driving a rocketing car on the front of the signal belt located in the front of the signal belt at the Seocheonbuk-gu, Sejong on November 22:15, 2013.

There are reasonable grounds to suspect that a person was driven under the influence of alcohol, such as smelling, drinking, and failing to properly hold his body, etc., so that he was requested to take a drinking test from D slope belonging to the racing police station.

Nevertheless, the defendant expressed his desire to "I am, I am, I am, I am, I am." and refused to take a drinking test without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) from the front parking lot in front of the indoor gymnasium in the Yellow-dong of the above temporary light racing to the front road of the above signal line, and driven the said car without a driver’s license within approximately 3.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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 (see, e.g., Supreme Court Decision 62 (1));

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