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(영문) 대구지방법원 상주지원 2016.11.22 2016고단407
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of thirty million won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 11, 2016, the Defendant was required to comply with the measurement of alcohol in a manner of inserting the breath of alcohol between approximately 30 minutes on the face of the Defendant, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling DNA while driving a c patrol box, which was under the influence of alcohol in front of a police box located in B at the time of permanent display, while driving the breath of the breath in the condition of drinking.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. Around September 11, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated a 3km section from September 5, 2016 to the road before the police box located in B at the time of stay at the time of temporary stay on the cafeteria, which is located in the Mode-dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on proper launch of, and reports on the statement of the state of, a drinking driver, confirmation of non-compliance with a drinking test;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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