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(영문) 대전지방법원 천안지원 2019.07.18 2018고단593

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On January 7, 2016, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Support for Incheon District Court on September 7, 2016 and completed the execution of the sentence on September 7, 2016.

【Criminal Facts】

1. On November 5, 2017, at around 01:59, the Defendant driven a D-do motor vehicle without obtaining a driver’s license on the section of approximately 2.1km in the section of 2.1km from the road adjacent to the restaurant, "C" located in the members B of Ansan-si, Ansan-si, the members of Ansan-si to the 387 Ansan-gu, the members of Ansan-si, the members of Ansan-si, to the K-si, the K-si, the members of Ansan-si.

2. On November 5, 2017, at around 01:59, the Defendant: (a) caused an accident to shock three vehicles parked along the same route as the above paragraph (1) while drinking alcohol; and (b) went away; and (c) for the purpose of Ansan viewing, the vehicle driven by the Defendant was stopped by shocking the roadside gate in the Ansan viewing.

The Defendant, upon receiving a report on a drinking accident, failed to comply with a police officer’s request for a drinking test without justifiable grounds even though he was requested to comply with a drinking test by inserting the breath in a drinking measuring instrument over three minutes (one time: 02:26 minutes on November 5, 2017, two times: 02:35 minutes on December 5, 201, 02: 02:45 minutes), and three times: 02:45 minutes on March 26, 2017) on the ground that he was found to have driven under the influence of alcohol, such as the fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver and the ledger of use of a drinking instruments;

1. The ledger of driver's licenses;

1. A traffic accident report, the field map of a traffic accident, and the routes of movement of suspects and vehicles;

1. Relevant photographs (accident site and vehicle damage);

1. Before judgment: Investigation report (recognating the period of repeated crimes), individual.

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