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(영문) 대전지방법원 2018.04.12 2018고단530
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 16, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license on around 00:10,01, and driving a motor vehicle with two highest directions from approximately 3km to the front road of the Kingdom of the Republic of Korea located in the same city and Jung-gu, Jung-gu, Dong-dong, Chungcheongnam-dong, with the road located in the same city and Dong-dong.

2. Violation of the Road Traffic Act (refluence of drinking), Defendant 1 driven a motor vehicle under the influence of alcohol, such as under the influence of alcohol by a police officer, such as E, etc., under the influence of alcohol, who driven a motor vehicle under the influence of alcohol on the front of a large-scale 83-ro, Daejeon-ro, Daejeon-ro, Daejeon-ro, while drinking on the road in front of a large-scale 83-ro, Daejeon-gu, Daejeon-dong Police Station C, which was under the duty to regulate the day-to-day driving of drinking, without complying with the inspection. Defendant 2 escaped to the front of the Kingdom hall located in the same Dong and Dong, without complying with the inspection. The Defendant showed the inaccurate state of the Defendant’s inner color, non-distance, and the influence of drinking, such as drinking, under the influence of alcohol.

If there are reasonable grounds to determine a person, the head of the Daejeon Police Station's criminal office at the Daejeon Police Station demands three times to respond to the measurement of drinking by inserting approximately ten minutes in a drinking measuring instrument, but the Defendant refused to comply with a police officer's request for a measurement of drinking without justifiable grounds by not inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Refusal to measure by means of a manual, on-site photograph, or mobile phone image;

1. The driver's license ledger;

1. Each investigation report and the application of CCTV video-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), subparagraph 1, 152 and 43 (a point of refusing to drive without obtaining a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Aggravation concurrent crimes;

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