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(영문) 대구지방법원 상주지원 2015.02.10 2014고단462
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 13:10 on August 17, 2014, the Defendant made a statement to the reporter that the Defendant was in excess of driving a motor vehicle, etc. under the influence of alcohol at the time of permanent stay at C around 13:10 on August 17, 2014, and the Defendant made a statement to the effect that the Defendant was driving a motor vehicle, etc. at the Defendant’s entrance, and the Defendant was on considerable grounds to recognize that the Defendant was driving a motor vehicle, etc. under the influence of alcohol, and voluntarily carried the vehicle, etc. by a police box called out from the slopeF of the resident police station, and was requested from 13:25 to 13:47 on three occasions from 13:25 on the same day to 13:47, the Defendant did not comply with the drinking

Summary of Evidence

1. Legal statement of the witness F (a statement that, although the defendant acknowledged that he had driven a alcohol at the police box, he did not follow the measurement of drinking while he did not drive the alcohol without drinking the person who was requested to take a alcohol test);

1. The circumstantial statement of the driver of the State (the defendant and his defense counsel merely led the defendant to Oralba and the driver of Oralbababab. However, according to the above evidence, the fact that the defendant drivenalba, according to the above evidence, can be acknowledged. Also, although the fact confirmation document submitted by the defendant (the defendant's submission No. 2) states that the defendant's operation of Oralbababa is beyond the defendant's right to Oralbabab and he reported it by H, H puts an obstacle to document different from the contents reported by the court, H puts an obstacle to document different from the contents reported by 112 at this court and testified that the defendant's driving is true, the above fact confirmation document does not interfere with the recognition

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished by a fine of the same kind for the last five years.

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