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(영문) 대구지방법원 영덕지원 2017.08.23 2017고단195
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 06:00 on July 2, 2017, the Defendant driven a F-R-V car without obtaining a driver’s license, from around 1km to the front road of the Defendant’s residence located in E, from the front of the D’s landing place located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (U.S.) around 06:0.

2. On July 1, 2017, from around 23:00 to around 06:00 on February 2, 2017, the Defendant violated the Road Traffic Act (e.g., the refusal of drinking), while driving the said mixed CR-V car under the influence of alcohol after drinking two weeks a week, while driving the said mixed CR-V car under the influence of alcohol, and driving approximately 1 km from the front of the Defendant’s dwelling to the front of the Defendant’s dwelling in E, the Defendant immediately divingd the wooden structure in front of the Defendant’s dwelling.

The Defendant, at around 08:55 on the same day, driven under the influence of alcohol by a police officer affiliated with a G police box, who was dispatched to the scene after having received the said traffic accident report, divided into smelling and smelling by the Defendant, and driving under the influence of alcohol, such as a strong distance.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking at intervals of about 10 minutes by inserting the respiratory at intervals of about three minutes in a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

The defendant's legal statement traffic accident report, report on the scene of accident, notification of the result of the drinking driving control, report on the situation of the driver in charge of drinking, the ledger of the driver's license of the motor vehicle, the driver's license register of the vehicle, the next inquiry report (report on the situation at the time of dispatch to the scene and the witness's statement), the investigation report (report on the situation at the time of dispatch to the scene and the witness's statement) by the defendant's legal statement, the relevant legal provisions concerning the criminal facts covered by the Acts and subordinate statutes and Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusing the drinking alcohol measurement, the point of

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