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(영문) 대구지방법원 2018.11.22 2018고단4627
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 24, 2018, the Defendant was driving a vehicle of approximately 54 km B New Raddds on the front side of the major high-speed road located in the Daegu-dong New Cancer-dong, Daegu-si, without obtaining a driver’s license, from April 11, 2018 to the front side of the Northcheon-si, Sincheon-si, Seocheon-si.

2. On April 24, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) is a drinking driver who drives a vehicle with the driver who drives the vehicle with the driver's fluence while driving the road in front of the North Yongcheon Tol in the Sincheon-si, Sincheon-do.

“A person who was driven under the influence of alcohol, such as influence of the Defendant’s development from D while on duty in the Gyeong-do National Police Agency C, which was called out upon 112 report, in an inaccurate, broad, and snicking and smelling alcohol at the bar.”

Although there are reasonable grounds to determine a person, the person was requested to respond to the measurement of drinking in a manner that puts the person in a drinking measuring instrument three times (1:41 of the first, 2: 11:58 of the second, 3:20 of the third, 12:20 of the same day) on the same day, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. License register;

1. Application of Acts and subordinate statutes to a report on investigation (report on the situation of a driver driving at home), report on internal investigation (related to refusal to measure drinking), investigation report (to hear statements from a police officer opposite to the police officer measuring drinking);

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

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only a number of times of punishment, including a suspended sentence of imprisonment, but in particular, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence on July 22, 2016 and was under suspended sentence.

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