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(영문) 대구지방법원 2018.12.13 2018고단4531
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 20, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and two years of suspended execution. On December 12 of the same year, the Defendant’s judgment became final and conclusive and is still under suspended execution.

[2] On September 20, 2018, the Defendant: (a) while driving a FK7 vehicle in the direction of the signal while drinking alcohol in the vicinity of Daegu Suwon-gu B, Daegu-gu, the Defendant: (b) was under the influence of alcohol by drinking alcohol, such as drinking alcohol and drinking on the back of the FK7 vehicle driven by E while driving a vehicle in the direction of the signal while drinking alcohol; and (c) driving the vehicle under the influence of alcohol by drinking, such as drinking alcohol and drinking on the face from H, a policeman belonging to the 3 Team of the Daegu Suwon-gu, Suwon-gu, Police Station Gll of the 3 Team of the G District, who called to the site by the above E’s report.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the defendant, who was sealed by a police officer, avoided it, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on criminal records and attachment of written judgments by the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act, and several times of punishment, such as a suspended sentence of imprisonment, a fine, etc., on April 20, 2017. On December 12, 2017, the Daegu District Court was sentenced to imprisonment with prison labor for six months and two years of suspended sentence, and the decision became final and conclusive on December 12 of the same year, and was still under suspended sentence.

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