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(영문) 대구지방법원 김천지원 2018.02.06 2017고단1757
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2017 Highest 1757"

1. On August 22, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on or around August 22, 2017: (a) on the front side of the road located in Gumi-si C around August 01:35, 2017; (b) on the front side of the Gumi-si (U.S.), where the occurrence of a traffic accident was reported and reported and sent to the site, F of the border border belonging to the Gu, U.S. police station E zone, who was dispatched to the site, is inaccurate; (c) face color is red; and

Although the defendant was required to respond to the measurement of alcohol by inserting the breath of alcohol in a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a breath of a 2:02 day, the 2:07 day, the 02:07 day, the 2:07 day, the 3rd of a 2:12 day, the 3rd of a breath of a breath of a breath of a b

"2017 Highest 1879"

2. On December 1, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a vehicle G S350 on the front road of approximately five meters, without obtaining a driver’s license for the vehicle on the road in front of the 109-dong, Gu-U.S., Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around 01:38, 2017.

3. Around December 1, 2017, the Defendant was parked in the front line while driving a passenger car at the time and at the place specified in paragraph (2) as stated in paragraph (2).

H Driving from a policeman belonging to E District of the old-U.S. Police Station E Zone called at the site, while under the influence of alcohol, such as drinking, smelling, ringing red on the face of the Defendant, ringing, and ringing a string, influorous distance, etc.

Although there is a reasonable reason to determine a person, a police officer's request to comply with a drinking test by inserting approximately four minutes in a drinking measuring instrument four-minutes, he/she did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

"2017 Highest 1757"

1. Statement by the defendant in court;

1. Statement of the police statement to J 1.

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