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(영문) 대구지방법원 2018.11.07 2018고단3802
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 4, 2018, the Defendant operated a 49c tex tex without obtaining a motor device driver’s license from the Do in front of the building in Daegu-gu, Daegu-gu, to the front of the “D Child Care Center” located in C on July 4, 2018, even though it was prohibited from operating a motor vehicle that is not covered by mandatory insurance (non-licensed driving) and a motor vehicle that is not covered by mandatory insurance (non-licensed driving).

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the defendant was driven under the influence of alcohol, such as the date and time set forth in paragraph (1) of this Article, and the fact that the defendant was driving at a place set forth in paragraph (1) of this Article after receiving a report that he was making a drinking, and the defendant was driving under the influence of alcohol from the slope F belonging to the Daegu Dong-dong Police Station Ebridge, Daegu, where he was called, takes a large amount of drinking, snick on the face, fastening

Due to reasonable grounds, there was a demand to respond to the measurement of drinking at intervals of 11:05 to 11:35 on the same day at intervals of 10 minutes.

Nevertheless, the Defendant stated that “I cannot comply with a drinking test because there is a previous refusal to take a drinking test,” and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to investigation reports (on-site inspection and CCTV verification results), field photographs, and CCTV closure photographs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the fact that the mandatory insurance is not carried out, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. The aggravated Criminal Act for concurrent crimes.

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