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(영문) 대구지방법원 2018.05.25 2018고단301
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a motor vehicle with Dives of approximately 100 meters in a section of 100 meters from a ice parking lot in the same Ri in front of the bus restaurant by the non-Gu, which is in the management of the Doldong-do North-do Daldong, Daldong-do, Doldong-do at the border.

The Defendant was driving under the influence of alcohol, such as the Defendant’s snow snow and snow shocked from police officers F belonging to the E District Police Station, which called out after receiving 112 reports that he would drive under the influence of alcohol, by driving under the influence of alcohol.

There are reasonable grounds to determine a person, and from around 04:35 to 04:54 of the same day, a request was made to respond to the measurement of alcohol by inserting the person in a drinking measuring instrument four times for 19 minutes on the same day. However, whether there was an initial test or not.

’ 라는 말을 하거나 입을 가져 다 대며 부는 시늉만 하는 등 정당한 이유 없이 음주 측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the date and time set forth in paragraph 1, the Defendant driven a dial car at a section of about 100 meters away from the day before the Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of a person who refuses to comply with the alcohol testing, a statement of the situation of the driver involved in driving, and an investigation report (report of the driver involved in driving);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (1) (a) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a non-licensed driver's license) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures.

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