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(영문) 대구지방법원 서부지원 2019.11.28 2019고단578
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 18, 2018, the Defendant violated the Road Traffic Act (refusing to measure a drinking level) by driving a motor vehicle in front of C in Daegu-gu, Daegu-gu, on or around 03:15, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds, even though it was required to measure a drinking level on the ground that there was a considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as walking, i.e., being driven by a vehicle in front of C at the seat of Daegu-gu, Daegu-gu, and moving from the seat of the seat of the 112 return and sent out to the site after receiving a 112 report.

2. No person who violates the Guarantee of Automobile Damage Compensation Insurance Act shall operate any motor vehicle on a road unless he/she purchases mandatory insurance for motor vehicles;

Nevertheless, the Defendant operated a passenger car at Dbenz S350, which was not covered by mandatory insurance, such as the date, time and place under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, an investigation report on the violation of the Road Traffic Act (Refusal of noise measurement), a report on the state of the driver's standing and statement, and a report on the results of the

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with prison labor for the sake of the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is driving under influence of alcohol, and the defendant suffers from a traffic accident.

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