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(영문) 대구지방법원 상주지원 2013.08.20 2013고단192
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Criminal facts are recognized by rhythizing the facts charged to the extent that there is no concern about substantial disadvantage to the defendant's defense right.

On April 20, 2013, at around 00:50, the Defendant was driving a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the circumstantial report of a host driver;

1. Application of Acts and subordinate statutes to the investigation report (13 pages of investigation records);

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

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of selling the instant vehicle after a case);

1. Article 62 (1) of the Criminal Act (Taking into account that there is no record of punishment exceeding the above conditions and fines);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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