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(영문) 대구지방법원 안동지원 2018.02.20 2017고단383
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 30, 2017, the Defendant was parked in a C-ju parking lot located in B at permanent residence around May 30, 2017, while driving a D-Wz car while under the influence of alcohol.

E case (K) 5 automobiles were received, and the defendant was driven under the influence of alcohol from F District G in the Permanent Police Station G in the F District of the Permanent Police Station called upon upon receipt of the report, and the face color is red and several shocks.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven the benz car in the section of the street from the front of the trade influoral main points to the front of the C main points located in B permanently at the time of permanent residence on the above day to the parking lot in the city of permanent residence, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Registers of driver's licenses, inquiries into the main office, and details of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of non-licensed driving) of the Road Traffic Act concerning the facts constituting an offense and Articles 148-2 (1) 2, 44 (2) (a decision of imprisonment with prison labor) of the same Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. A normal circumstance favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant recognized his/her mistake and reflects his/her mistake, and again, he/she did not drinking or drive a unauthorized license.

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