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(영문) 대구지방법원 경주지원 2016.08.18 2016고단459
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On November 24, 2004, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on June 3, 2016, the Defendant was sentenced to a fine of 4 million won for a crime of violating the Road Traffic Act (drinking), and on June 13, 2016, the Defendant was sentenced to a fine of 4 million won for a crime of violating the Road Traffic Act (drinking) in the same court on June 13, 2016.

1. On June 21, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road: (a) was driven under the influence of alcohol by the Defendant, such as the Defendant’s smell D from a slope D belonging to the traffic control division of the Police Station, who was dispatched to the site after receiving a report of a person driving on around 02:10 on the same day, while driving a C-learning car in a state of alcohol from the front side of the off-gun-gun restaurant located in the Dong-gun-gun-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the front side of the military signal signal dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

If there are reasonable grounds to determine a person, he/she was requested to comply with a measurement of alcohol by inserting the whole in a drinking measuring instrument three times in total on June 21, 2016, around 02:25 of the same day, around 02:35 of the same day, and around 02:45 of the same day, he/she did not comply with it without justifiable grounds.

2. On June 21, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Clearning car without a driver’s license from the front side of the off-gun restaurant in the Ycheon-si, Chungcheongnam-si, Dongcheon-si, Chungcheongnam-si, from around 500 meters away from the front side of the military signal signal gate in the Dongcheon-si, Sim-si, Dongcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Each owner's report on detection of drivers, the statement report on the situation of the driver's driver, the inquiry report about the ledger of driver's licenses, the next inquiry, each investigation report (in relation to the attachment of photographs of the victim, the detection of the suspected victim and the suspect.

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