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(영문) 대구지방법원 2015.01.22 2014고단5928
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six 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. Around 04:50 on October 30, 2014, the Defendant driving a motor vehicle at a level of approximately 500 meters E, from the D District D Zone D D, which is located in Daegu Suwon-gu C without a motor vehicle driver’s license to the front side of the Dong-dong elementary school located in the same 4-dong-dong, the same age of which is located.

2. On October 30, 2014, at around 04:50, the Defendant violated the Road Traffic Act (refluence of measurement) and discovered the slopeF belonging to the D District, which was dispatched after receiving a report from 112, that he was in possession of a vehicle on the roads under the lower part of the Gyeongdong Elementary School in front of the Gyeongdong Elementary School in Daegu, Daegu, on the ground that he was in possession of a vehicle. There are reasonable grounds to deem that the Defendant was driving under the influence of alcohol due to an inaccurate and inaccurateness of smelling in the Defendant’s entry at the time, and the Defendant was in the time of driving under the influence of alcohol by a slope F, but did not comply with a demand for the measurement of alcohol for about 45 minutes on three occasions without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. As to the report of internal investigation (as to the refusal of measurement of alcoholic beverages)

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on the spot and photographs refusing drinking;

1. Relevant Article of the Act on the Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the selection of imprisonment with prison labor;

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

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant's reason for sentencing of Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has a record of punishment due to drinking driving, and again, he/she again commits the crime of this case, the liability for the crime of this case is not against the defendant, but the defendant's mistake is against the defendant, and the suspension of execution due to the same crime

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