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(영문) 대구지방법원 2019.02.14 2018고단5741
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

1. On November 29, 2018, the Defendant, without obtaining a driver’s license, driven a Maz car at a section of about 2 km from the front of the paddy field to the road located in C from the front of the paddy field of the Defendant’s Podern located in Busan City, without obtaining a driver’s license on November 18, 2018.

2. On November 29, 2018, after committing the crime under paragraph (1), the Defendant driven the math car in a while drinking on the road located in Busan Metropolitan City on November 18:20, 2018, and became locked at the driver’s seat after receiving fluor’s fluor’s fluor’s fluor’s fluor’s fluor at the front of the math car.

Upon receipt of a report, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument three times in total from 19:40 to 20:00 on the same day, on the ground that there are reasonable grounds to be deemed to have been driven while under the influence of alcohol, such as moving to a F Hospital along with a police slope E by the police officer belonging to the Gyeongsan Police Station, smelling, smelling on the face of the Defendant at the entrance of the Defendant, guiding him properly, gathering him/her, and sounding him/her at the time of speaking.

Nevertheless, the defendant did not comply with the police officer's request for a proper drinking test without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (report on the circumstances) and investigation reports (report on the status at the time of detection of a suspect);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order for community service and attending lectures;

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