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(영문) 대구지방법원 김천지원 2016.11.02 2016고단924
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 21, 2016, the Defendant violated the Road Traffic Act (refluence of the measurement) was under the influence of alcohol by a slope E belonging to the Gu and America Police Station, which was under the influence of alcohol while driving the D Costaex on the front of C in the Gu and America City B.

Although the Defendant was requested from the above slope E to comply with the alcohol alcohol test by inserting the whole breath during three times from around 21:18 to around 21:38 of the same day on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as red, and that the walking was under the influence of alcohol, the Defendant did not comply with the alcohol test without justifiable grounds.

2. Around July 21, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving at a section of about 300 meters from the corner ginseng overlaps road located in Gumi-si B to the front road located in the same Dong-si B without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger using a dact measuring instrument, the results of the control of drinking driving, and the report on the actual state of drinking drivers;

1. Registers of driver's licenses;

1. Report on internal investigation (verification of recognized matters and application of Acts and subordinate statutes for violation of the Road Traffic Act (limited to driving without a license);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act for orders to provide community service and attend lectures: The driver's license for driving without a license is discovered and then the driver's license is refused to measure drinking, and the defendant's license is already three times.

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