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(영문) 대구지방법원 김천지원 2017.07.11 2017고단408
도로교통법위반(음주측정거부)
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

On December 23, 2016, the Defendant driven a DNA car at a speed of about 100 meters from the center discount 34-lane in the center of the Sin-si, Seoul, the center of the city, to the C cafeteria located in the Gu, the Defendant stopped the said car on the front of the restaurant. On December 23, 2016, the Defendant: (a) driven a DNA car at a speed of about 34 meters from the center of the city, the center of the city, the city, the city, and (b) stopped the said car on the front of the restaurant; and (c) a slope F of the Gu, the police box belonging to the Gu, the Gu, U.S., and the police box,

The Defendant, from around 02:45 on the same day to 02:55 on the same day, driven under the influence of alcohol by the Defendant, such as in front of the above C cafeteria, in front of the Defendant’s snow and smelling in his mouth, etc.

There is a reasonable reason to determine a person who has been arrested as a flagrant offender due to the violation of the Road Traffic Act (e.g., refusal to take a drinking test) by failing to comply with a request for a drinking test without any justifiable reason even though he/she was requested to comply with a drinking test by inserting approximately five times in the form of a drinking measuring instrument.

While the Defendant was arrested as a flagrant offender and was transferred to the E box located in Gumi-si, the Defendant again requested to comply with the alcohol alcohol measurement by inserting four times from 03:03 to 03:37 the same day on the same day, but did not comply with the demand for the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. To inquire into the ledger using a drinking-free measuring instrument, a report on the circumstances of a drinking driver, and the results of regulating drinking;

1. Application of Acts and subordinate statutes to photographs, such as patrol booms video CDs, field photographs, and photographs, if the booms refuse to measure drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;

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