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(영문) 대구지방법원 서부지원 2014.05.26 2014고단510
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 14, 2014, at around 21:13, the Defendant was required to comply with the measurement of alcohol by inserting the breathm between approximately 23 minutes of alcohol measuring instruments, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s speech and behavior, hacking and face, with a red and hacking eye, while driving a balwing car in front of the fiber of the gallle, while drinking the balking.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

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 driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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