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(영문) 대구지방법원 2013.10.24 2013고단4343
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 14, 2012, the Defendant was sentenced to one year and six months of imprisonment and two years of suspended execution in violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Daegu District Court on August 14, 2012, and the judgment became final and conclusive on May 9, 2013.

Criminal facts

1. On April 17, 2013, at around 02:35, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level): (a) the Defendant, while driving a motor vehicle for the E-Nice on the front of the road located in Busan Metropolitan City, conflicting with D rice fluor; (b) the Defendant’s face is red and fluorous, and there are reasonable grounds to recognize that he/she driven a motor vehicle while under the influence of alcohol, such as drinking with heavy odor, etc., and (c) the Defendant was requested to measure a drinking level six times from G police officers belonging to the F police box and H, but did not comply with the drinking level without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the same time as in the preceding paragraph, and operated the Einti vehicle from approximately 500 meters away from the 500-meter section before the restaurant located in the cafeteria located in the direction of CD to the front road located in the city without a driver’s license.

3. Notwithstanding the fact that a motor vehicle that is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act is prohibited from driving on the road, the Defendant, around April 17, 2013, driven an E-ray motor vehicle that is not covered by mandatory insurance from the front day of the cafeteria at the pressure level in Busan Metropolitan City to the front day of CD located.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Each mandatory insurance policy;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Previous records: Criminal history records, etc. inquiry reports, investigation reports, cases of Daegu District Court 2012No2No2636, Daegu District Court 2012No2636, Daegu District Court 2012No2No2636, Daegu District Court 2012No3355;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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