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(영문) 대구지방법원 김천지원 2018.10.02 2018고단423
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 2, 2018, at around 00:15, the Defendant was under the influence of alcohol on the road in front of Kimcheon-si, while driving Duba CTS 3.0 vehicles under the influence of alcohol, the Defendant was asked of whether the Defendant was under the influence of alcohol and was under the influence of alcohol by the police officer assigned to the scene after receiving a 112 report that he went away from the scene.

On the same day, the Defendant continued to accompany the above police box from around 01:10 to around 01:50 on the same day, and had been driven under the influence of alcohol, such as the flow of alcohol, the Defendant voluntarily accompanied the said police box to the G police box, and the Defendant was aware of the driving of alcohol, and the Defendant’s speech and behavior was bread by a drinking reduction machine, and the Defendant was driven under the influence of alcohol.

There are reasonable grounds to determine a seal, and the police officer did not comply with the measurement of alcohol without justifiable grounds, even though he/she was requested by the J to comply with the measurement of alcohol by inserting the whole five times of the police box belonging to the same police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and report on the results thereof, and report on the situation of the driver;

1. Application of Acts and subordinate statutes to report internal investigation (the arrest of a runawayd vehicle or driver after a traffic accident and the refusal of measurement of drinking), investigation report (Attachment to a ledger using a drinking-free measuring instrument);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include one imprisonment with prison labor for the crime of drinking driving, and the accused has a record of criminal punishment on four occasions.

The defendant was sentenced to imprisonment due to violent crimes and was in the period of suspension of execution.

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