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(영문) 대구지방법원 안동지원 2017.10.27 2017고단425

도로교통법위반(음주측정거부)등

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1. The punishment of the accused shall be one year;

2. Provided, That the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On June 19, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road traffic (refluence of alcohol measurement) was sent to G hospital in Ansan-si, after an accident that shocks the curbs of the road located in front of the above access road, while driving a 19km EMW car from the road front of the D drinking house in the Dong-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do

There are reasonable grounds to determine a person, who is requested to respond to the measurement of alcohol by inserting the breath of the same day by inserting the breath of drinking, 23:27 police officer, 23:30 minutes at around 23:30 police officer at around three times in total, and inserting the breath of drinking measuring devices from an assistant assistant of the Ansan-dong Police Station I.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. On June 19, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a eMW car at approximately 19 km from the road front of the Dice House in Ansan-si, Andong-si, without obtaining a driver’s license, to the road front of the National Highway Access Road in Ansan-si, Andong-si, Do-si, to the road front of the National Highway Access Road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an accident camera, an inquiry into the results of crackdown on drinking driving, a report on the circumstances of the driver's license, a notice on the results of crackdown on drinking driving, a detailed report on the handling of the report 112, a traffic accident report (A), a driver's license register (A), and a tea inquiry (E);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Refusal to measure the drinking of a relevant provision of the Road Traffic Act concerning the crime: Driving without a license under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (elective punishment): Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

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

1. Taking lectures and community service orders under the Criminal Act;