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(영문) 대구지방법원 2016.06.16 2016고단1828
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 17, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car at approximately 2km from the Do to the front four-lane road located in the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Republic of Korea.

2. On April 17, 2016, the Defendant: (a) driven a motor vehicle in the form of drinking C while drinking on the road in front of the four-way distance from the Do in front of the “Yari-do, Yari-do, the Do; and (b) driven a motor vehicle in the form of drinking, such as smelling the Defendant from a slope E belonging to the D District Unit of the Gyeongdong Police Station, fluoring the Defendant on the face, making the fluoring red on the face, etc.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 33 minutes into a drinking measuring instrument.

Nevertheless, the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to 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. Investigation reports (related to refusal to measure drinking);

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of statutes on site photographs;

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. The crime of this case committed on the grounds of sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of weight is committed by the defendant without a driver's license, and the defendant does not comply with the police officer's drinking measurement without any justifiable reason, and the defendant has been sentenced to a suspended sentence due to a crime of violating the Road Traffic Act.

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