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(영문) 대구지방법원 2017.04.13 2017고단549
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a vehicle for a gallon, without obtaining a driver’s license, from around about 10km to around the road in front of the ASEAN-U.S. Seocheon-si, the Seoul High School, the Agricultural District Mayor, the Do governor, the Northernbuk-gu, the Seoul High School, the Do governor-ri, the Do governor-ri, the Do governor-ri, the Do governor-ri, the Do governor-ri

2. Violation of the Road Traffic Act (refluence of drinking), as in the preceding paragraph, was driven by a gallon, and on December 3, 2016, at around 20:45, the Defendant voluntarily accompanied a bus and a traffic accident on the roads in front of the Yancheon-si, the Yancheon-si, the Anngcheon-si, the Anngcheon-si, the Anngcheon-si, the Seoul High Military Police Station E box.

On the same day, the Defendant was demanded by F to respond to the measurement of drinking alcohol by inserting approximately 30 minutes of working at a police box E-Sacheon Police Station at around 20:58.

At the time, the Defendant was at the time of drinking alcohol reduction, and was driven while under the influence of alcohol, such as influorous and smelling, etc.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to the ledger before automatic driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the instant case involving the following circumstances: (a) the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of a crime; and (b) the circumstances after a crime.

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