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(영문) 대전지방법원 2017.05.18 2017고단1089
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

1. On February 25, 2017, the Defendant driven the E-Poter II cargo vehicle without obtaining a driver’s license, on the front of the DNA telecom in Daejeon-gu Daejeon-gu, Daejeon-gu, and without obtaining a driver’s license.

2. On February 15, 2017, the Defendant was driving under the influence of alcohol by the Defendant, on February 15, 2017, at the places indicated in paragraph (1) around 15:56, from G around the seat of the F District of the Daejeon Police Station in the Daejeon Eastern Police Station, where the Defendant discovered and stopped the Defendant’s cargo vehicle in an unstable manner, and on the other hand, the Defendant was driving under the influence of alcohol, such as with reding the face color.

인 정할 만한 상당한 이유가 있어 같은 날 15:34 경부터 15:56 경까지 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하였다.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that since the Defendant again was punished by a fine due to drinking or non-licensed driving (the Defendant was punished by a fine) and again went to commit the instant crime, the Defendant is sentenced to imprisonment by a fine as it is difficult to achieve the purpose of the punishment, but the Defendant appears to reflect on the fact that the Defendant sold a vehicle, that the Defendant

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