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(영문) 대구지방법원 김천지원 2013.12.19 2013고단1361
도로교통법위반(음주측정거부)등
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

1. Around September 20, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven CM5 automobiles without obtaining a driver’s license on a section of about 10km from the front of the mutually influorous main points in the old Sim-si, Sim-si to the front road of the Gani-Eup's child care center in the same city from the front of the Gani-si, Sim-si.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on September 20: 20:05, the Defendant was found to have been under the influence of alcohol while driving CM5 automobiles on the front of the Y5-ro childcare center located in the Gosi-Eup, Gosi-si, Gosi-si, while drinking alcohol, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, etc. from the slope E belonging to the police station of the old U.S. police station, while driving CM5 automobiles on the front of the Doo-si, Gosi-si, Gosi-si, the Defendant was found to have been under the influence of alcohol, and there is a considerable reason to believe that he was under the influence of alcohol, from 20:20 to 20:50 on the same day, the Defendant did not comply with the demand of a police official for the measurement of alcohol by avoiding it without justifiable

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, report on the situation of making a statement of the driver under the influence of alcohol, photographs not to measure the influence of alcohol, and register of

1. Registers of driver's licenses, details of revocation of driver's licenses, and application of statutes concerning disqualified meetings 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 former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act provides that although there exists a history of two-time suspension of execution due to sound driving and driving without a license, it shall be taken into account, such as the fact that a certain period of time has elapsed

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

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