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(영문) 대구지방법원 2013.05.09 2011고단1061
도로교통법위반(음주측정거부)등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two months for the crimes of No. 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for robbery, injury, etc. at the Daegu District Court, and two years of suspended execution, and the judgment became final and conclusive on the 18th of the same month.

"2011 Highest 1061"

1. On March 17, 201, the Defendant was required to take a alcohol test by C while driving a BDap car on the roads in front of the Yannam University, Yong-nam University located in the Gyeyang-dong, Gyeyang-do, Gyeyang-do, Gyeyang-do on March 17, 201.

Although there are reasonable grounds to suspect that the defendant was driving a motor vehicle under the influence of alcohol, by drinking alcohol at the time, and by recognizing that the defendant was drinking at the time, by drinking alcohol reaction, and by drinking alcohol, the defendant did not comply with the police officer's request for the measurement of drinking alcohol.

2. On March 17, 201, at around 22:25, the Defendant driven a B multilateral car without a vehicle driver’s license from the Do in front of the astronomical Do of the Yong-Namnam University located in the Gyeyang-dong Gyeyang-dong at Busan Metropolitan City, to the road in front of the pressure level office located in the same time at the same speed level.

"2013 Highest 2714"

3. Around February 19, 2010, the Defendant’s summary of Franc operated by the Victim E in Daegu Suwon-gu D.

At the main point, it was done as if you pay the drinking value, and the victim ordered the two weeks of disease, salutism, etc.

However, there was no intention or ability to pay the drinking value due to the absence of a certain occupation and the absence of money at the time.

As above, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to 270,000 won in total at the market price from the victim’s seat.

Summary of Evidence

"2011 Highest 1061"

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Each investigation report "2013 Highest 2714";

1. The defendant;

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