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(영문) 대구지방법원 서부지원 2014.09.19 2014고단535
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to 10 months of imprisonment by the Daegu High Court for the violation of the Road Traffic Act, etc., and completed the execution of the sentence on December 13, 2012.

1. On January 13, 2014, the Defendant violated the Road Traffic Act (refluoring to take a drinking level), the Defendant was unable to comply with a police officer’s demand for a drinking test without justifiable grounds, such as evading a drinking test on three occasions between about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as that the Defendant’s speech and behavior was fluored by a slopeF in front of a motor bicycle set forth in B of the elderly north-gun around around 19:10, while driving the D motorcycle on the road in front of that of the police station located in B of the elderly north-gun, and that he was able to recognize that the Defendant was driving under the influence of alcohol, such as drinking fluoring and ging

2. On January 13, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, without a motorcycle driver’s license on January 13, 2014, the Defendant operated a D motorcycle on the front side of C in the Gyeongbuk-gun B without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of circumstantial statements and written confirmation of a host driver;

1. A report on detection of a host driver;

1. A report on investigation;

1. Disqualifications of the main office;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of each Act and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (Options of Imprisonment), Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 (Selection of Fine) of the Road Traffic Act, Articles 46 (2) 2 and 8 (Selection of Imprisonment) of the Guarantee of Automobile Accident Compensation Act;

1. Article 35 of the Criminal Act among repeated crimes (limited to a violation of the Road Traffic Act at the time of marketing and a violation of the Guarantee of Automobile Accident Compensation Act);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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