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대구지방법원 서부지원 2019.08.29 2018고단3695

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

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 00:05 on September 1, 2018, the Defendant, without a vehicle driver’s license, driven a rocketing car at a section of about 200 meters from the 3rd road located in Daegu Seo-gu, Seogu, Seogu, to the front road located in Daegu Seo-gu B.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting the breathm in a breath police station in Daegu, E, and F, etc. employed by the Defendant, while driving Drocketing car at the time and place specified in the preceding paragraph, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and snicking in the Defendant’s entrance, red, and large distance.

그럼에도 피고인은 2018. 9. 1. 00:38경부터 같은 날 00:48경까지 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 3회에 걸쳐 이를 회피하여 정당한 사유 없이 경찰관의 음주측정요구에 응하지 아니하였다.

3. On September 1, 2018, the Defendant violated the Resident Registration Act: (a) around 00:05, the Defendant used H’s resident registration number as if he was his resident registration number, thereby denying the Defendant’s use of H’s resident registration number as if he was the Defendant’s resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on internal investigation (as to the situation of refusal to measure, refusal to affix seals, etc.), and investigation report (as to the statement of a witness H);

1. Reporting on detection of a suspect in violation of the Road Traffic Act (Refusal of measurement), reports on the discovery of such a suspect, reports on the state of the driver, and reports on the state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;