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(영문) 대구지방법원 상주지원 2016.09.27 2016고단333
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On June 25, 2016, the Defendant was driving a D-wing truck without obtaining a driver’s license from around about 50 meters in front of the “C” located in the 17th place in the 3rd place in the 50th place in the 3rd place in the 3rd place in the 3rd place in the 3rd place in the 3rd place in the 17th place.

2. On June 25, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) caused a traffic accident while driving the above cargo vehicle in front of the “C” located in B while staying at around 13:30 on June 25, 2016, and moving the vehicle to the Public Security Center of the police station F of the resident police station located in E for the investigation of the traffic accident, while driving the vehicle while under the influence of alcohol, such as heavy snow and defluence and face color with red.

Despite the fact that there are reasonable grounds to determine a person, the police officer's refusal to take a drinking test from 14:05 to 14:35 of the same day on four occasions on the same day, thereby failing to comply with the police officer's drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Domestic internal investigation reports, statement reports on the circumstances of drivers driving, inquiry into the results of crackdown on drinking driving, register of driver's licenses, report on the circumstances of unlicensed driving, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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