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(영문) 대구지방법원 포항지원 2019.08.21 2019고단771
도로교통법위반(음주측정거부)등
Text

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

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. On May 5, 2019, the Defendant was required to comply with the alcohol alcohol measurement for about five minutes on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as making a drinking while under the influence of alcohol, such as making a drinking, making a red color on the face of the Defendant, and entering the drinking-free season, and making a notification of 112 that he/she was suspected of driving under the influence of alcohol on the south-gu Office B, C cafeteria, and on the road in front of the Defendant’s drinking, the Defendant’s drinking operation is suspected.

Nevertheless, the defendant did not comply with the measurement of drinking by police officers without justifiable grounds, such as the term "influence."

2. Violation of the Road Traffic Act (Free Driver’s License) was operated by the Defendant at approximately 100 meters away from the 100-meter section in front of the above cafeteria to the front road of the above cafeteria at the port of port without obtaining a temporary driver’s license, such as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the same Act; the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding the fine, and the fact that the punishment is against the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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