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(영문) 대구지방법원 2018.07.26 2018고단1762
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 28, 2018, the Defendant, while driving a Fsch Rexton car on the roads in front of the E store located in G, G, B, the Defendant caused a traffic accident involving a G, which was parked in the same lane, while driving the F, F,schton car on the same lane.

Then, the Defendant, upon receipt of a report, driven the Defendant’s face with red and smelling, with a large amount of drinking in a red, and with an inaccurate and inaccurate distance from the Defendant’s body, and driven the Defendant’s body in a manner sufficient to be influence.

There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of alcohol by inserting four minutes during about 17 minutes from around 18:36 to around 18:53 on the same day.

Nevertheless, the Defendant continuously refused to take a normal measurement of drinking in a manner that makes it weak for the Defendant to keep in mind, and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that each one has been punished for a crime of violating traffic laws on roads, and for a crime of violating traffic laws on roads (e.g., refusing to measure drinking), - the recognition and reflect of the crime, and the non-driving of drinking again;

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