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(영문) 대구지방법원 2016.09.22 2016고단2883
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 27, 2016, the Defendant was under the influence of alcohol on the road in front of C in Daegu North-gu, Daegu-gu, Daegu-gu, while driving a D Poter II cargo vehicle while drinking alcohol on the road in front of C on May 27, 2016, while driving the vehicle, the Defendant was under the influence of alcohol, such as the Defendant’s walking of D Poter II vehicle from a policeman F who belongs to Earb in the Daegu North-gu police station Earb in Daegu-gu, and the Defendant was under the influence of alcohol, such as heavy-distance, snowing

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting three times the breath of alcohol measuring instruments over about 30 minutes.

Nevertheless, the defendant did not respond to the demand for alcohol measurement and did not put the breath of the drinking measuring instrument properly, refused to take the measurement, and left the roof, cell phones, cellular phone, etc. which the defendant was faced with his hand on the floor and breath, and did not stop the drinking measuring instrument.

A police officer's non-compliance with a police officer's request for alcohol testing by refusal, without good cause.

2. On May 27, 2016, the Defendant driven the said cargo vehicle without obtaining a driver’s license from the front of the H hospital located in Daegu-gu G to the front road located in the Daegu-gu Northern-gu B from the Do to the front road located in the 1km-gu, Daegu-gu, Daegu-gu, the Defendant driven the said cargo vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment - Unfavorable circumstances: the Defendant has been punished two times by a fine by drinking or non-license by not later than 2011.

In addition, on December 4, 2014, the defendant was sentenced to 2 years of suspension of execution for 6 months by obstructing the execution of official duties in the Daegu District Court.

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