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(영문) 대구지방법원 안동지원 2018.09.07 2018고단363
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2018, the Defendant, at the office of the Defendant located in the B of the Gyeongcheon-gun of the Gyeongbuk-gun, caused a traffic accident that shocks the driver's car to the Fgallon that is parked on the front road located in the B of the Gyeongbuk-gun of the Gyeongbuk-gun while drinking alcohol at the Defendant's house located in the 01:30 on the Gyeongbuk-gun of the Gyeongbuk-gun.

Since then, the Defendant was driven under the influence of alcohol by the Defendant, such as by smelling the Defendant from the security guards belonging to the Dobong Police Station G police box, who was dispatched to the said scene after receiving a report by 112, while driving under the influence of alcohol, such as:

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the whole influence of the measuring instrument from 01:40 to 02:05 on the same day.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds, such as avoiding this and leaving the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and record on the control of the driver at home; and

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph of the accident;

1. Application of Acts and subordinate statutes to the next inquiry session;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act has the record of being punished three times due to drinking driving in the past, and in particular, there is a high possibility of criticism against the instant crime during the suspension period.

The driving of the defendant's drinking was caused by a traffic accident.

However, the defendant acknowledges and reflects his mistake, and does not repeat the vehicle while disposing of it.

In addition to traffic-related crimes, the defendant does not have any record of being punished for any other crime, and seems to support his mother at present.

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