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(영문) 대구지방법원 영덕지원 2018.05.30 2018고단41
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2018, the Defendant was driving a 1 ton cargo vehicle of G1 ton without a driver’s license, from the D in the front of the Dnn-gun, Ulsan-gun, G around the 100-meter road to the front of the F cafeteria in E, in around 100 meters away from the Dnn-gun, G.

2. On February 11, 2018, the Defendant was driven under the influence of alcohol by the Defendant, such as drinking alcohol, smelling on or around 100 meters, while driving a freight vehicle G while drinking alcohol at approximately one ton of the freight vehicles at approximately 100 meters, as described in paragraph (1) of the Road Traffic Act, and the Defendant discovered that the Defendant was frighting on the center line, from the police box belonging to the police box of the G G-J police station, etc., the Defendant was driven under the influence of alcohol by drinking alcohol and drinking on the face, with reding the Defendant.

On the grounds that there are reasonable grounds to determine a person, a police officer was requested to comply with a drinking test by inserting the whole in a drinking measuring instrument four times from around 20:26 to around 20:56 on the same day, but he/she did not comply with a police officer's request for a drinking test without justifiable grounds due to his/her failure to comply with a drinking test, such as making a drinking measuring instrument in his/her hand, while being changed only once.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of a driver who takes charge of driving) and report on internal investigation (with respect to refusal to measure drinking);

1. The application of Acts and subordinate statutes of the vehicle driving report, the statement report on the circumstances of the driver of the vehicle driving, the notification of the results of regulating the driving of the vehicle driving, the vehicle driver's license ledger, and the vehicle making

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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