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(영문) 대전지방법원 2019.05.30 2019고단654
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 19:10 on February 20, 2019, the Defendant driven the E-Radon vehicle volume without obtaining a driver’s license from a section of about 1 km from the front of the Defendant’s residence in Sejong-si B to the neighboring road in the same city C.

2. Violation of the Road Traffic Act (Refusal of measurement) on February 20, 2019, at around 19:30, the Defendant: (a) had reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, drinking, walking, etc., from the slope G affiliated with the slope G of the Sejong Police Station, which was dispatched after receiving the report of a traffic accident in front of the above D, and was demanded by the Defendant to comply with the request for a measurement of drinking alcohol by inserting the breath for about 25 minutes in a breath method; and (b) did not put the breath in the breath method and did not comply with the request for a measurement of drinking by the police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (victim H telephone communications);

1. Application of Acts and subordinate statutes to an accident site photograph, disqualified meeting of the main office, investigation reports, circumstantial statements of a drinking driver, usage register of a drinking measuring instrument, and video recording of the arrest site status;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Articles 152 of the Road Traffic Act, and the choice of imprisonment with labor ( Consideration of criminal records, etc. of fines of the same kind);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

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

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, possession of its own license, etc.);

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