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(영문) 대구지방법원 2015.07.02 2015고단1668
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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

On March 2, 2015, from around 20:36 to 21:09 of the same day, the Defendant refused to comply with a drinking test for a drinking test by a police officer without justifiable grounds, even though the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument four times from G on the ground that: (a) the Defendant, while driving a YF string motor vehicle under the jurisdiction of the Gu-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-On the ground that the Defendant caused a traffic accident that gets under the influence of alcohol, such as drinking alcohol, drinking alcohol, and a string distance; and (b) there was a reasonable ground to recognize that the Defendant driven the said motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a drinking driver, and photographs for drinking;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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