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(영문) 대구지방법원 2018.05.24 2018고단1419
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 24, 2018, while under the influence of alcohol at around 03:28, the Defendant driven a vehicle of CMF6 without obtaining a driver’s license, driving the vehicle in front of CMF6 D along four lanes in four lanes from the four-lane away side of FIE to the four-lane away side of FIE, and driving the vehicle under the influence of alcohol by drinking alcohol at the Defendant’s entrance from F, etc., a police officer belonging to the 112 police station in Daegu, which was dispatched after receiving a report, while driving the vehicle under the influence of alcohol, such as drhetoring alcohol in the Defendant’s entrance, drinking snow, breathing snow, and rhetoring snow.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, despite the police officer's request to respond to the measurement of drinking by inserting four times the 17 minutes of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. On-site photographs;

1. Application of statutes, such as the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The recognition and reflection of each of the crimes of this case in addition to three times that have been punished as a crime of violating the Road Traffic Act (drinking) and that there is also a possibility of criticism during the suspension period;

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