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(영문) 대구지방법원 김천지원 2017.08.24 2017고단592
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:25 on March 25, 2017, the Defendant was driving a vehicle under the influence of alcohol, including F, etc. belonging to the police officer, etc. of the former U.S. Police Station E District, who was called out after receiving a report at the above location at around 03:5 on the same day, while driving a B rocketing and other automobiles under the influence of alcohol on the roads near Samsung SDI, located in that location, and without obtaining a driver’s license, while drinking a motor vehicle under the influence of alcohol, the Defendant was driving a motor vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol.

A reasonable ground exists to determine a person, he/she was requested to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument four to five times, and continued to comply with the measurement of drinking in the E zone located in G from 04:20 to 04:50 on the same day, he/she was requested to comply with the measurement of drinking in the same manner four times from the police officer belonging to G to the E zone located in G.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, without justifiable grounds, failed to comply with a police officer’s request for a drinking test, and driven a rocketing or other automobiles without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (referring to measurement, etc. of the driver's drinking of the rocketing car), the situation report on the driver's drinking, and the photograph refusing to measure drinking (E District, 4 times);

1. (A) inquiry into the ledger of driver's licenses, and inquiry into the details of revocation of driver's licenses (A) application of statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures.

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