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(영문) 대구지방법원 영덕지원 2016.10.12 2016고단156
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 July 21, 2016, the Defendant: (a) driven a D Poter truck without obtaining a driver’s license from a section of about 4 km from the front of the road located in Ulsan-gun B to the front of the net beach located in the same military, south of the same military area.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant, at the time and time set forth in paragraph (1) of this Article, was driving a small-scale truck under the influence of alcohol after drinking one illness at the above C Office, resulting in the said network, beach, bathing beach, and parking lot prior to the network.

After that, the Defendant received a report that “the Defendant was parked in the net beach while driving a cargo vehicle in the form of a breath, and parked in the breathing beach,” and found it from the police officers, such as F, etc. in the process of the police box to which he belongs, and there is reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as a red, fluoring, and a fluoring distance, etc., the Defendant was demanded from the above police officers to comply with the breath test by inserting about 40 minutes of the breath alcohol measuring instrument.

Nevertheless, the Defendant avoided the so-called so-called so-called a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

Defendant’s legal statement

Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act among concurrent offenders subject to the application of statutes concerning reporting on the state of driving under the influence of alcohol, reporting on the state of driving under the influence of alcohol, reporting on the state of driving under the influence of alcohol, a report on the state of driving under the influence of alcohol, a ledger on the use of a drinking-free driver, a ledger of vehicle driving license (A), a register of vehicle driving licenses (A), an inquiry into the results of the control of driving under the influence of alcohol, and an internal investigation into the results of the control of driving under the influence of alcohol (in respect of refusal of to measure the state of drinking), Articles 37 and 38 (1) 2 of the Criminal Act.

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