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(영문) 대구지방법원 의성지원 2019.07.04 2019고단84

도로교통법위반(음주측정거부)등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) and was on board D-Apurbed on the front of D-Apated on the roads located in D-Apat-gun B of Seongbuk-gun on December 16, 2018, and was demanded to comply with the measurement of drinking level by inserting three minutes from around 23:11 to 23:34 of the same day, on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as smelling from F in the circumstance where he/she belongs to the G-Ap police station Emba, and making it inaccurate that he/she was under the influence of alcohol

Nevertheless, the Defendant refused to admit the Defendant, and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.

2. Around 22:20 on April 16, 2019, the Defendant driven a D-to-purd vehicle without obtaining a driver’s license in a section of about 2 km from the front of a H hospital located in G in G in Seongbuk-gun, G to the railway bridge located in the same Eup/Myeon iron Paris.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the register of driver's licenses for motor vehicles, such as inquiry into the results of the drinking-driving control, investigation reports, copies of the usage register of a drinking-free measuring instrument, reports on the occurrence thereof;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, within the scope of the sum of the long-term punishments of both crimes as provided for in the crimes of violation of the Road Traffic Act, which are heavier than the penalty);

1. As for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the confession of the defendant, the distance of driving without obtaining a license (a approximately 2 km), the necessity of strict punishment for the crime of refusing to measure the drinking alcohol, and the records of the defendant's same kind (a fine once),