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(영문) 대구지방법원 2013.11.01 2012고합1149
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 25, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a F rocketing car without a driver’s license at a section of about 50 meters from the front day of the Dju Station located in Sinsan-si, to the front day of the parking box before the police box at around that time.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking) was demanded by the Defendant to respond to the measurement of drinking for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant had driven a motor vehicle as described in the above paragraph (1) under the influence of drinking, such as drinking, drinking, snowing, etc., from a slope G belonging to the e-spath of the police box at the above temporary police box, and drinking from the Defendant.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (in-depth circumstances, etc. of refusal of measurement);

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

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the refusal to measure a noise level, the choice of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment), Article 148-2 (1) 2, and 44 (2)

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes), among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [unfair circumstances] is that the defendant committed a crime of the same kind of criminal records [the defendant], the refusal of drinking alcohol measurement and the crime of non-licensed driving in the pending trial due to refusal of drinking alcohol measurement and non-licensed driving, and the fact that the defendant escaped after being tried without restraint [the reasonable circumstances] on the first trial day, all of the offenses committed during the crime and the attitude of reflectness.

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