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(영문) 대구지방법원 김천지원 2014.11.12 2014고단1006
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

On August 31, 2011, the Defendant was sentenced to six months of imprisonment due to the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 31, 201, and completed the execution of the sentence on August 16, 2012.

1. On August 14, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement) caused a traffic accident involving C-city bus vehicles by negligence while driving B-wing freight cars on the upper 25th national highways (500 meters away from the Dogg-si, Dog-si, Dog-si), which were located in the Dog-si, Dog-si.

At around 20:12 on the same day, the Defendant avoided the demand for the measurement of drinking alcohol by a police officer without justifiable grounds, even though there are reasonable grounds to recognize that a vehicle driven by the Defendant was driven under the influence of alcohol, such as drinking, smelling, drinking on the face of the Defendant, etc., from D through the police officer of the above police box, while investigating the case in which the said vehicle was driven by the Defendant, while he was in charge of the foregoing traffic accident, and the Defendant was demanded to comply with the measurement of drinking alcohol by putting the vehicle into a drinking measuring machine four minutes in the face of the above police box.

2. Around 19:40 on August 14, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) operated B straw-line freight without obtaining a driver’s license on the 20-meter section from the front side of a restaurant in which it is impossible to know the trade name in the ancient Dog-si, Dog-si to the upper 25th national road in the same Ri (500m away from the 20-meter section to the upper road of the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (with respect to refusal to measureA drinking alcohol);

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification reports on the same type of crime records), and Acts and subordinate statutes concerning the status of individual identification and confinement;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, which applies to the relevant criminal facts, the choice of punishment, and the choice of punishment;

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