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(영문) 대구지방법원 2015.05.28 2015고단1097
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 19:40 on December 19, 2014, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting alcohol measuring instruments into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that he/she driven a motor vehicle under the influence of alcohol by drinking alcohol on the front of D in Daegu-gu, Daegu-gu, while driving a motor vehicle under the influence of alcohol on the road after receiving a report by taking the above lock on the road.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) in a section of about 550 meters from 100 Ba-dong, Daegu-dong, Daegu-dong, Daegu-dong, without obtaining a driver’s license, to drive a motor vehicle in a section of about 550 meters from 100 Ba-dong, Daegu-dong, Daegu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report on the results of drinking control, reports on the state of drinking drivers, reports on the state of standing, relevant photographs and inquiries, and reports on internal death;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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