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(영문) 대구지방법원 김천지원 2015.11.05 2015고단809
도로교통법위반(음주측정거부)등
Text

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

1. Around 01:30 on June 22, 2015, the Defendant violated the Road Traffic Act (free license) driving of the Cland without obtaining a driver’s license from a section of about 3 km from the roads adjacent to the Dog-si, Dog-si to the roads adjacent to the Gugyeong-dong, Dog-si, Sim-si, Seoul, to the front day of the death of the Camb

2. Around 01:30 on June 22, 2015, the Defendant violated the Road Traffic Act (i.e., refusal to take a noise level) and (ii) was drunkly driven on the road front of the Gabbon Gabon in the Gu-U.S.-si Madon Madon, and discovered it to the Gu and American Police Station Traffic Management Assistant D.

On June 22, 2015, at around 01:10, the Defendant was required from around 01:10 to around 01:30 on June 22, 2015, to respond to a police officer’s request for the measurement of drinking alcohol without justifiable grounds, even though he/she was required to comply with a police officer’s request for the measurement of drinking alcohol in a manner of inserting it into a drinking measuring instrument three times from around 01:10 on June 22, 2015, because there exist reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling from the Defendant, 11-4, a large face, with a red condition, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses, internal investigation reports (with respect to arrest of flagrant offenders and refusal to measure drinking), report on the state of drinking drivers, and application of statutes of the disqualifications of the main office;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavy penalty) ;

1. The punishment power for the same kind of crime, such as violation of the special rules of law under Articles 53 and 55(1)3 of the Criminal Act, driving without license, driving without drinking, refusal of measurement of drinking, etc. is very high, and since 2013.

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