logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.02.13 2019고단2305
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2019, at around 19:45, the Defendant parked D Poter II truck in the outdoor parking lot in front of the convenience store located in the elderly group B, the Defendant was required to comply with the drinking alcohol measurement by inserting approximately 10 minutes from around 20:18 to 20:28 of the same day, by inserting the left side of the F Kamenn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-k-k-k-kn-k-k-k-k-k-k-kn-k-k-k-kn-k-kn-kn-k-k-k-k

Nevertheless, the defendant, who was in a short period of time after being requested, failed to comply with the drinking test while avoiding it, and refused the drinking test by refusing to take a drinking test, and failed to comply with the drinking test by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (in the case of leaving the scene related to refusing to measure alcoholic beverages);

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the driving, a report on the actual state of the driving, and a report on the results of the drinking

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant refuses to take a drinking test without any justifiable reason. The reason for sentencing under Article 62(1) of the Criminal Act is not good, and the defendant has a record of being punished three times by a fine due to drinking driving.

However, the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, means and results of the crime, etc., are shown as follows.

arrow