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(영문) 대구지방법원 안동지원 2018.05.29 2017고단536
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2015, the Defendant was sentenced to a suspended sentence of ten-month imprisonment due to a special assault, etc. in the Daegu District Court’s support on October 24, 2015, and the probation period is currently under the period of suspended execution, which became final and conclusive on September 30, 2016.

1. On July 25, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven a CKa car without obtaining a driver’s license from the front side of the roadside bus terminal located on the west-side side of the road at Ansan-dong-dong-dong, to the front side of the north-do Comprehensive Mart, 2017, without obtaining a driver’s license from around 100 meters.

2. 도로 교통법위반( 음주 측정거부) 피고 인은 위 일 시경 ‘ 길 안버스 터미널 앞에 있는 차가 클랙슨( 경음기) 을 울리고 있는데 음주 확인을 해 달라’ 는 112 신고를 받고 출동한 경찰관이 길 안버스 터미널에서부터 북부종합 마트까지 피고인의 차량이 이동하는 것을 뒤따라 가다가 정차할 것을 요구한 다음, 피고인의 입에서 술냄새가 나고 걸음걸이가 비틀거리는 등 술에 취한 상태에서 운전하였다고

Despite the fact that there are reasonable grounds to determine a person, despite the demand for the measurement of drinking by inserting the whole b5 minutes into a drinking measuring instrument, the police officer did not comply with the demand for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, notification of the result of crackdown on drinking driving, notification of the person refusing to comply with the measurement of drinking, circumstantial report of the driver of drinking, internal investigation report (with respect to photographs refusing to measure drinking), and investigation report (attached to documents related to non-license of the suspect);

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and each investigation reporting statute;

1. Denial of measurement of the provision of the relevant Act on the crime: Driving without a license under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 (Selection of Imprisonment or Imprisonment with labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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