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(영문) 대전지방법원 공주지원 2015.08.18 2015고단160
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one and half years of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) in the Seogsan Branch of the Daejeon District Court on March 20, 2014 and two years of suspended execution, and the judgment became final and conclusive on the 28th of the same month and

【Criminal Facts】

1. Around 22:40 on February 24, 2015, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and making a breaon on the face of the Cheongyang Military Police Station D District located in Cheongyang-gun, Chungcheong-gun, and reported that he was driving under the influence of alcohol, and the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument over 30 minutes.

Nevertheless, the defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument, and the defendant did not comply with the request for a drinking-free measurement by police officers without justifiable grounds.

2. On February 24, 2015, the Defendant: (a) driven a HM5-car without obtaining a driver’s license from the front of the quarantine elementary school located in the Cheongyang-gun, Cheongyang-gun, Chungcheongnamyang-gun, to the G oil station next to the G oil station located in the same military F.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Notification of the results of the control of drinking driving, a report on the situation of a drinking driver, a detailed statement of control, and a report on the situation of a drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. A copy of the register of driver's licenses (the cancellation of license on April 30, 2012);

1. A related photograph (seven copies), a photograph of a photograph taken to a video, and a CCTV CD;

1. Report on internal investigation, investigation report (verification, etc. of CCTVs in G gas stations), investigation report (report on the reproduction of CCTVs in G gas stations), investigation report (to listen to the I telephone statement, the president of the G gas station for reference);

1. Previous convictions: Criminal history records, investigation reports (Attachment of the same type of force), each judgment, investigation reports (verification of facts during the period of suspension of execution of sentence);

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