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(영문) 대구지방법원 김천지원 2015.08.12 2015고단654
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. Around 01:30 on April 16, 2015, the Defendant driven a D body car without obtaining a driver’s license from the front side of the CGV motion picture hall located in the Gu, Si, Nowon-si, to the front side of the 1.5km-dong, Gu, Nowon-si, to the 1.5km-si, Gu, the Defendant driven a D body car without obtaining a driving license.

2. A defendant who violates the Road Traffic Act (Refusal of measurement) shall drive a motor vehicle while under the influence of alcohol on the front road of the Gu, Si, Gu, Si, si on April 16, 2015.

The Gu U.S. Police Station F District G was subject to the control of drinking driving.

There is a circumstance to suspect that the Defendant: (a) went away from the above slope G to the nearby building after said slope G, and was drunkly drunk to the Defendant; and (b) he was arrested as a flagrant offender according to the former U.S. police station F district located in Gu and Si/Gu, Si/Gu on April 16, 2015; and (c) after being arrested as a flagrant offender at around 02:12 on April 16, 2015, the Defendant did not comply with the police officer’s measurement without justifiable grounds despite having been requested by the Assistant I belonging to the FF district and the PacificJ to comply with the drinking measuring method by inserting the drinking measuring machine three times from the same day until 02:45 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Notification of the results of the regulation of drinking driving, report on the state of drinking drivers' state statement, and ledger of the use of drinking measuring instruments;

1. Application of statutes on the register of driver's licenses, disqualified meetings of main office, and details of revocation of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the crimes of violating the Road Traffic Act with heavier punishment plus the long-term punishment of the crimes of refusing measurement of noise;

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