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(영문) 대구지방법원 김천지원 2019.05.17 2019고단187
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 9, 2018, the Defendant was found to have driven under the influence of alcohol by the Defendant, on the grounds that: (a) around 14:30 on October 14:30, 2018, the latter part of Cmiddle School in Guro-si B was under the influence of alcohol concentration in blood alcohol; (b) the Defendant was found to have driven under the influence of alcohol by driving the police officer’s request for a alcohol measurement without justifiable grounds, even though he was requested to take a alcohol measurement three minutes from around 15 minutes from around 14:44 to around 14:59 of the same day, while driving the Dpoter, spool, Spos, Spos, and faf-faf-faf-fab, which was reported on 112 as a parking problem; and (c) the Defendant was found to have driven under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) in a section of about 1 km from the section of approximately 1km without a car driver’s license from the section of the 1km to the next road of the C Middle School located in the same city from the area of the scopic road at a temporary border, such as paragraph (1) of this Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. On the ground that internal investigation, report on the circumstantial statement of a drinking driver, report on the control of a drinking driving, report on the results of the control of a drinking driving, and the register of a driver's license [the defendant asserts that he responded to a drinking test. However, the defendant, while driving on the day of the instant case by the police, was controlled by the police, stated that he was under the influence of alcohol and did not comply with a drinking test request (Evidence No. 49,50 pages), report on the circumstantial statement of a drinking driver, and report on the result of the control of a drinking driving, clearly stated the above contents, and the defendant's refusal to comply with a drinking test request is sufficiently recognized. The defendant's above argument cannot be accepted.]

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose the penalty;

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