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(영문) 대구지방법원 김천지원 2018.06.26 2018고단377
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2018, at around 12:10, the Defendant caused a traffic accident under which the Defendant is driving a Dent Pon-si car while driving a Dent Pon-si car in front of Kimcheon-si B.

Accordingly, the Defendant was driven under the influence of alcohol, such as a flussium H belonging to the Kimcheon Police Station Gle-gu, who was dispatched to the scene after receiving a report of 112, and the Defendant was able to snife and snick at the Defendant’s entrance.

For about 30 minutes of time due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant " has been completely closed."

“Before doing so, I refused the measurement of drinking alcohol.”

“A police officer did not comply with a police officer’s demand for alcohol testing without good cause.”

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation reports (fields where drinking alcohol is refused to be measured);

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) are re-compacted.

However, even though the defendant had a record of criminal punishment for three times, including imprisonment with prison labor for the same crime, the defendant has committed the crime of this case.

Despite the repeated criminal punishment, it is necessary to impose a severe punishment on the defendant who repeatedly commits a crime.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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