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(영문) 대구지방법원 서부지원 2019.01.29 2018고단1641
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 1, 2018, the Defendant, at around 03:37, when driving Daba on the front side of Daegu Seo-gu, Seo-gu, in a drunken state, caused a traffic accident. The Defendant requested the Defendant to respond to a drinking test by inserting alcohol in a manner of injecting alcohol, such as drinking, smelling on the face of the Defendant from a policeman F (G “G” as stated in the indictment, is a clerical error of “F,” the correction shall be made) of the Daegu Western Police Station Edistrict called to the scene of the accident at the scene of the accident. However, the Defendant continued to comply with the demand of a police official to take a drinking test by inserting alcohol in a manner of injecting the body in a drinking measuring machine, thrhythm, and rhhthm, without any justifiable reason, for the Defendant to comply with the demand of a police official to take a drinking test at the same time from around 30 to 45:0 of the same day after measuring the lababag to H Hospital at the scene of Daegu-gu, without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, photographs of the scene of the accident, and actual condition survey report;

1. Report on the statement of the state of drinking drivers, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (related to refusal of noise measurement);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant does not repeat the crime by recognizing and opposing his mistake, and that there is no criminal conviction in the same kind of crime and there is no criminal conviction exceeding the fine.

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