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(영문) 대전지방법원 2015.04.15 2015고단7
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six 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

On October 25, 2001, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for the same crime from the red support of the same court on August 8, 2013 from the same court.

On December 6, 2014, at around 22:58, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting a drinking measuring instrument into a drinking measuring instrument for about 30 minutes on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of drinking, such as drinking, smelling, snicking, etc., while driving C ststuna car under the influence of drinking on the roads of the Southern Park in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, Seoul, under the influence of drinking on the roads of the construction of the agricultural and fishery product market located in the west-dong, Seo-gu, Daejeon.

Nevertheless, the Defendant, without any speech, avoided this and did not comply with the police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Control note;

1. The circumstantial statement of the employee;

1. A photograph refusing measurement;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of sound driving records);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Taking into account reflectiveness, partial circumstances of crimes, etc.);

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