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(영문) 대구지방법원 상주지원 2017.09.05 2017고단309
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:30 on June 10, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant was driving a Cchip car without obtaining a driver’s license from the front side road of the Young Underpasses, the front side road of the Sin-si, which is located in the occupation village of the Sin-si, to the front side of the road.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant, at the time and time set forth in paragraph 1, driven a motor vehicle in front of the village while driving a motor vehicle with drinking on the road in front of the village of the road. The Defendant got off the CCTV pole at the entrance of the village of the village.

After receipt of a report after the report, the driver was driven under the influence of alcohol, such as smelling and snicking on the face of the defendant from the slope D belonging to the police station in the Seodaemun-gu police station.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.

Nevertheless, the defendant avoided this and did not 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. A protocol concerning the interrogation of each police suspect against the accused;

1. Each report on internal investigation (Nos. 6 through 9 in the list of evidence);

1. Self-declaration report of the respondent, report on detection of the driver of the vehicle, inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver of the vehicle, confirmation of the non-compliance with the measurement of drinking, and report on the occurrence of traffic accidents

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (1) 2, 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 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;

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