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(영문) 대구지방법원 의성지원 2018.11.15 2018고단175

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2018, the Defendant: (a) driven a motor vehicle while driving a motor vehicle D- E-Ma on the front line of the Gyeong-gun, Gyeongbuk-gun; (b) while driving the motor vehicle on the road in front of the Gyeong-gun, Gyeongbuk-gun, the Defendant driven the motor vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol, from F in charge of the police box belonging to the police box at the Gyeongbuk-gun, the police box at the Gyeongbuk-gun, the Defendant snife, snife, s

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant does not measure the drinking alcohol.

“In the meantime, a police official did not comply with a request for alcohol measurement without justifiable grounds, such as girbing rine water.”

2. On September 29, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D-Ma-M truck without the driver’s license from the front of the “Sari-Sari-Sari-Jari-Jari-Jari-Jari-Jari-Jari-Jari-ri-Jari-ri vehicle located in the name of the Dongdong-Jari-Jari-Jari-Jari-Jari-ri,

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on drinking, notification of the results of crackdown on driving alcohol, report on the circumstances of the drivers of drinking alcohol, investigation report (report on the circumstances of the drivers of drinking alcohol), photographs refusing to measure drinking, etc., report processing cases of 112, inquiry into the determination of the main office, application of Acts and subordinate statutes to the ledger of

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) under favorable circumstances in which the defendant acknowledges his mistake, repents, and does not repeat the crime; and (b) six times as traffic crimes (one suspended sentence and one fine).