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(영문) 대구지방법원 김천지원 2018.06.08 2018고단65

도로교통법위반(음주측정거부)등

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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

On April 27, 2018, the Defendant was sentenced to a suspended sentence of two years in October due to a special injury, etc. by the Daegu District Court, and the judgment became final and conclusive on May 5, 2018.

1. The Defendant is a person who drives a vehicle with C New EF Soon, in violation of the Road Traffic Act (Refusal of drinking measurement).

On November 20, 2017, the Defendant: (a) driven the foregoing car around 03:45, while driving on a street near the entrance of the E-Maintenance Factory at Kimcheon-si D, and was parked on the surface of the road, and continued to be parked on the wall of the said E-Maintenance Factory.

F-owned G shocked the left-hand part of the Cub car.

The Defendant, at around 03:55 on the same day, driven a motor vehicle while under the influence of alcohol, such as a breathly smelling, breathing, and a large breathing distance from the police box belonging to the Kimcheon Police Station, who was called up after having carried out the foregoing accident and having received 112 reports.

On the same day, 04:05 minutes to 04:25 minutes from the same day, and 04:25 minutes to the 4-5 minutes, the police officer did not comply with the police officer's request for the measurement of drinking alcohol without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said new EF rocketing car without obtaining a driver’s license from the right side of the entrance of the said E-Maintenance Factory at the time and place specified in paragraph 1 to the right side of the said E-Maintenance Factory from the right side of the maintenance plant to the street adjacent to the left side maintenance plant boundary.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. 112 A list of reported cases;

1. Reports on internal investigation (for statements made by a reporter, etc.);

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, and application of the statute to inquire about summary information of the case;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting a crime; Article 152 subparagraph 1 of the Road Traffic Act concerning the selective punishment;