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(영문) 대구지방법원 서부지원 2018.05.01 2018고단851
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to imprisonment with prison labor for 8 months and a fine of 300,000 won for the violation of Road Traffic Act (non-licensed driving) and the violation of Road Traffic Act (non-licensed driving) at the Daegu District Court on February 9, 2017, and completed the execution of the said imprisonment with prison labor on July 13, 2017.

1. On January 16, 2018, the Defendant was driving a motor vehicle at approximately 4 km section from the front of the Defendant’s residence in the Seongbuk-gun, Seongbuk-gun, Seongbuk-do, to the front of the E-ray, in the same Gun D, without obtaining a motor device driver’s license from around 17:30 on January 16, 2018.

2. On January 16, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) by drinking alcohol around 18:20, and driving the above otob in the seven-meter section prior to the e-mail transfer center prior to the e-mail transfer center, and received a demand from the police officer to confirm the details of the report, and was dispatched to the police officer, who was waiting to drive the obbbb in the above e-mail transfer center, and received a demand from the police officer for the confirmation of the details of the report.

The Defendant driven at around 19:20 on the same day, while under the influence of alcohol, such as smelling and smelling by the police officer I to whom the above police box belongs, snicking red, etc.

There are reasonable grounds to recognize that police officers did not comply with a police officer's demand for the measurement of drinking on three occasions between around 19:20, around 19:25, and around 10 minutes from around 19:30 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and on-site photographs;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger and the driver's license ledger;

1. Investigative report (report on the situation of a driver driving a driving driving), internal investigation report (related to traffic accidents and refusal to measure drinking), and photographs refusing to measure drinking;

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, investigation reports (A), and attaching written judgments related to criminal records and drinking);

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