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(영문) 대구지방법원 2015.04.09 2015고단728
도로교통법위반(음주측정거부)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:50 on January 30, 2015, the Defendant driven a B Poter while drinking alcohol to the front of a Do restaurant located in Daegu North-gu, Daegu-gu, by driving the freight vehicle at around 15:50, and driving it in the front of the implementation park in the middle-gu, Daegu-gu, to the front of the Do restaurant. Upon receipt of the 112 report, the Defendant was called the life safety of the Daegu Northern Police Station and the E-gu Police Station F, on the front of the Do restaurant, and the Defendant snife and knife the face of the f, and the police officer was hnife of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the f. of the b.m..

Therefore, the police officer requested the defendant to respond to the alcohol alcohol level four minutes from around 15:50 to about 16:44 minutes on the same day, but the defendant refused the alcohol level without justifiable grounds.

around 22:00 on February 12, 2015, the Defendant driven approximately 3 km in front of the present district road located in the Dong-dong, Seogu, Daegu, at a restaurant near the Handong-dong, Seo-gu, Seoul, with a alcohol concentration of 0.059%.

Summary of Evidence

"2015 Highest 728"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A report on investigation;

1. On-site photographs "2015 Godan937";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of operating alcoholic beverages), and choice of imprisonment for each sentence of imprisonment;

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;

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act, such as probation, community service and order to attend a lecture, shall be investigated into refusing to measure drinking.

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