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(영문) 대구지방법원 안동지원 2019.05.29 2018고단589
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 6, 2014, the Defendant was punished by a fine of five million won or more for a violation of the Road Traffic Act in the Changwon District Court's branch of Changwon District on August 6, 201, the Defendant was sentenced to a fine of five million won or more for a violation of the Road Traffic Act in the resident support of the Daegu District Court on February 15, 201, and a fine of five million won or more for a violation of the Road Traffic Act.

【Criminal Facts】

1. On September 14, 201, at around 201, the Defendant violated the Road Traffic Act (refluence of the measurement of the drinking level), the Defendant, while driving a motor vehicle by D the Dmecas on the front of “C” located in B of the Dobong-gun (Seoul), was taken by a tree on the road and was dispatched after receiving a report from F for the guard of the Dobong Police Station E box called out, the horses are inaccurate, and there is considerable reason to recognize that the Defendant was driving while under the influence of alcohol, such as a big distance, and did not comply with the demand for a measurement of the drinking level more than 20 minutes without justifiable grounds.

2. On September 26, 2017, the Defendant driven a J-low-scale car in the state of alcohol alcohol leveling 0.160% of blood alcohol level from around 1km section to around 1km section from around 22:10 on September 26, 2017, when the Defendant was under the influence of alcohol leveling 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Report on the circumstantial statements of each drinking driver, report on the results of the control of drinking driving, and the ledger of use of drinking meters;

1. A report on investigation;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of criminal records of the suspect);

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 sound), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of running sound) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

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

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