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(영문) 전주지방법원 2019.10.22 2019고단362
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2019, at around 19:55, the Defendant reported to 112 to the effect that “A driver of the other party caused a traffic accident under drinking conditions,” while driving a Bunst motor vehicle on the street in front of the eth of the ethic public playground of the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethp.

At around 20:06 on the same day, the Defendant was under the influence of alcohol at the above place, and the Defendant received the above 112 report, and received a voluntary request from the E-ray F, who was called out, and agreed to do so, and was accompanied to E-ray.

On February 3, 2019, the Defendant was required to take a alcohol test three times from around 20:18 on February 3, 2019 to around 21:30 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant had driven under the influence of alcohol, such as blood color, red, rhythm, and rhythm.

Nevertheless, on the ground that it is too difficult for the defendant to take a drinking test, the defendant avoided the measurement of a drinking measuring instrument and did not comply with the police officer's request for a drinking test without justifiable grounds.

2. On February 3, 2019, around 19:55, the Defendant driven the said rocketing vehicle without obtaining a driver’s license in the section of about 1km in the front of the public sports grounds located in the G market in the forest room in the front of the forest room in the front 20:04 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. 실황조사서⑴⑵

1. Statement on the occurrence of traffic accident;

1. Notification of the result of regulating drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (related to refusal to measure sound driving);

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.

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