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(영문) 대전지방법원 2019.08.13 2019고단1884
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 22, 2019, the Defendant, without obtaining a driver’s license, moved the outer wall of the Mael Building, which is adjacent to the above building, into the left corner of the Mael Building, while driving the Mael Building in front of the building in the Jung-gu Daejeon, Daejeon, Daejeon, and driving it as the parking lot of the above building.

Since there are reasonable grounds to suspect that the Defendant, from G of the F Team of the Daejeon Middle Police Station G of the Daejeon Middle Police Station who called to the site, smelled the Defendant with smelling, snicking, and driven under the influence of alcohol such as a string and a string distance, etc., the Defendant, upon request for voluntary driving in the vicinity of the Daejeon Middle Police Station, moved to the H office of the Daejeon Middle Police Station, and requested to comply with the drinking test by inserting the breath for about three minutes from around 01:14 to about 01:24 on the same day, but failed to comply with the drinking test by avoiding the drinking measuring instrument, not breath, or by avoiding the breath of the breath and so on.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement of the police officer to I;

1. The actual condition survey report, the report on detection of a master driver, the circumstantial statement of a master driver, the circumstantial report of a master driver, and the mandatory insurance association;

1. Application of estimated statements and the ledger of driver's license; and

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. From among concurrent crimes, the concurrent crimes provided for 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 added up to the maximum of the long-term punishment of two crimes) shall be concurrent crimes;

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