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(영문) 대구지방법원 안동지원 2018.10.19 2018고단417
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The defendant is a person who drives B Potter cargo vehicles in violation of the Traffic Act on the road;

On April 16, 2018, at around 20:30, the Defendant driven the above cargo vehicle while drinking on the road in front of his residence, from the road in his/her own border to the road in front of his/her residence, and immediately after the driving of the vehicle, the Defendant driven the vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from the slopeF belonging to the vehicle in his/her jurisdiction in his/her vehicle in his/her vehicle in his/her vehicle in his/her jurisdiction, who was dispatched to the site after receiving a report on 112 stating “slicking around the village hall” after the driving of the vehicle.

There are reasonable grounds to see that a police officer was requested to comply with a drinking test by inserting the whole in a drinking measuring instrument three times between 15 minutes and 15 minutes, but he/she did not comply with a police officer's request for a drinking test without justifiable grounds.

2. On April 16, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the B Poter Cargo Vehicle without a driver’s license at a section of approximately 2 km from the front of the G G G GY-gun to the front of the said G G, via the front parking lot of the said military HFF, and thereafter driving the B Poter Cargo Vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. The K's statement;

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

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

1. Application of Acts and subordinate statutes to a report on investigation (report on the situation of a driver placed in the main place), report on internal investigation (a photograph of a vehicle parked in front of the suspect's house), report on internal investigation (e.g., details of dispatch to the scene), report on internal investigation (L statement);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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