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(영문) 대구지방법원 서부지원 2018.01.19 2017고단1344
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 1344" is a person who drives C. P.T. car.

On April 25, 2017, the Defendant driving the said vehicle on the front of a restaurant located in Daegu-gun D around 14:15 on April 25, 2017, and was installed in front of the said restaurant.

In order to drive drinking and to investigate traffic accidents at the request of a police officer who called to the scene of the accident, the G police box located in the FF of Daegu was sent to the scene of the accident.

Defendant was driven under the influence of alcohol by the Defendant, such as smelling and photographing the Defendant from the H security guards at the above G police box, etc.

Even though a police officer's request for the measurement of drinking by inserting the breath of alcohol in a breath of a breath of a significant reason to determine a person, he/she did not comply with a police officer's request for the measurement of drinking without good cause, such as refusal of the first alcohol measurement at around 14:30 on the same day, refusal of the second alcohol measurement at around 14:35 on the same day, refusal of the second alcohol measurement at around 14:40

On June 18, 2017, the Defendant driven a three-dimensional car with a 50-meter alcohol concentration of 0.102% alcohol level in blood without obtaining a driver's license from around 50 meters to the front of the convenience store in the Gu High School located in Daegu-gu, Daegu-gun, on the roads of the 12:00 on June 18, 2017.

Summary of Evidence

"2017 Highest 1344"

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each investigation report (for the measuring process of drinking, refusal to measure drinking, etc.), "2017 Highest 1682";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 2 and Article 44 subparag. 2 of the Road Traffic Act (the rejection of a measurement of drinking), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 148-2 subparag. 1 of the Road Traffic Act (the point of drinking), Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.

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