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(영문) 대구지방법원 서부지원 2014.12.11 2014고단1613
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Around 22:25 on October 1, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a Bbenz car without obtaining a driver’s license in the section of about 10 meters in front of the long-term post office in the same Dong-gu, Seogu, Daegu, from the front of the restaurant for the Mangym high school located in the long-term Dong, and around 22:27 on the same day.

2. On October 1, 2014, the Defendant refused to comply with a request for the measurement of drinking alcohol by a police officer without justifiable grounds, even though there are reasonable grounds to recognize that he/she was driving under the influence of alcohol on the front of a long-term post office specified in paragraph (1) by C from the process of the traffic safety department of the Seodaemun-gu Police Station at the traffic safety department in front of the long-term post office as specified in paragraph (1) of the same Article, such as drinking smelling, smoking, and not taking a normal level of behavior, and accordingly, he/she failed to comply with a demand for the measurement of drinking alcohol by a police officer, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Statement of the status of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on the Crime, Article 148-2 (1) 2, Article 44 (1) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (a point of driving without a license);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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