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(영문) 대구지방법원 김천지원 2016.06.23 2016고단341
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 20:50 on February 6, 2016, the Defendant driven a BAW live XD car, and proceeded with the same direction as the Defendant had, by negligence, changed the course to one way, while driving the road to one way while driving on the two-lanes of the front left left and right while driving along the two-lanes of Do in Kimcheon-si, Kimcheon-si, the road of the 1968 Kimcheon-si, Kimcheon-si, as Kimcheon-si, to the side of the road facing Kimcheon-si, Kimcheon-si.

C Driving’s D-S-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

In the event of collision with the front part of the Defendant’s vehicle, the vehicle was driven under the influence of alcohol, such as sniffing the Defendant’s sniff at the Defendant’s entrance and sniffing on the face from the slope H affiliated with the Kimcheon Police Station G commander called up after receiving 112 reports.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the divers of drinking four minutes every time between about 40 minutes.

However, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. Application of statutes on site photographs;

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (Article 55 subparag. 1) of the Act (Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act provides that although a criminal defendant has been sentenced to punishment, he/she is a juvenile at the time of his/her juvenile, he/she recognizes his/her mistake and reflects his

1. The main sentence of Article 62 (1) of the Criminal Act, the suspension of execution of which has been repeatedly imposed;

1. Social service order under the Criminal Act;

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