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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1332
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On October 29, 2014, the Defendant violated the Road Traffic Act (e.g., refusal to measure a drinking level) and was demanded to comply with a drinking test by inserting DK3 cars on the front of the C-Si, Gu-Si, Si-S.A. on October 22 and 50, 2014, from E in the circumstances where the traffic control department of the Gu-U.S. Police Station where the drinking control was under the influence of alcohol, the Defendant’s speech and behavior is snow-free, and the walking is red, and there is a considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, such as drinking, a light-distance, and a large amount of drinking in the entrance, and so on.

Nevertheless, the defendant did not comply with the above E's request for blood alcohol measurement without justifiable grounds.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant without obtaining a driver’s license from the 4km section from the front side of the apartment house at the south-si in the old city at the time of the temporary warning under the preceding paragraph to the Crd road in the old city B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of Acts and subordinate statutes to the ledger of driver's licenses, such as a report on the situation statement of a driver, investigation report, a copy of the usage register of drinking meters;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Although the degree of discretionary mitigation at the time of committing an offense under Articles 53 and 55(1)3 of the Criminal Act is not good, such as the visual behavior at the time of refusal of measurement, multiple kinds of power, and the interval between the final power and the final power, there is no criminal record of suspension of execution or more, and there is no accident causing it.

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