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(영문) 대구지방법원 경주지원 2017.06.28 2017고단170
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. A crime committed on December 24, 2016;

A. On December 24, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the E-ray car without a driver’s license, from the Gicheon-gu Gicheon-do Gicheon-do Gidong-si Gidong-ro Gidong-ro to approximately 13km away from the Gicheon-si Gidong-si Gidong-si Gidong-si Gidong-si Gidong-si Gidong-si Gidong-si.

B. On December 24, 2016, the Defendant was driving the said vehicle under the influence of alcohol by the Defendant, on the alleyway near D on December 24, 2016, when driving the said vehicle at around 00:50, and after driving the vehicle at around 00:0,00, the Defendant was driving the said vehicle under the influence of alcohol.

If there are reasonable grounds to determine a person, the police box of the racing police station, who was dispatched to the place after receiving the report, was requested from G during the same day to G during the period from 01:05 to 01:36 of the same day, but did not comply with the request without justifiable grounds.

2. On February 12, 2017, the Defendant: (a) around 17:50 on February 12, 2017, the Defendant driven a E-ray car without a vehicle driver’s license in the state of under the influence of alcohol content of 0.156% in the blood alcohol concentration from the front side of the office building in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do to the front side of the same e-ray.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as a written statement, internal investigation report, inquiry report on the results of crackdown on driving of alcohol, a ledger using a drinking measuring instrument, notification of the results of crackdown on driving of alcohol, on-site photographs, driver's license register and chassis, investigation report (on-site visit police officers' interview report), traffic accident occurrence report, actual situation investigation report, driver's license register/detailed inquiry report, and mandatory insurance inquiry report, report on the detection of drivers, and report on the situation of drivers;

1. Article 148-2 subparag. 2 and Article 44 subparag. 2 of the Road Traffic Act (the refusal of measurement of drinking), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 148-2 subparag. 2 of the Road Traffic Act (the point of drinking), Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.

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