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(영문) 대구지방법원 김천지원 2021.02.04 2020고단1214

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for a term of one year and three 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

[criminal history] On May 27, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (dacting driving) in the support of the Daegu District Court, Daegu District Court.

[Criminal facts]

1. On July 3, 2020, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) entered into the above cushion car and the above apartment, while driving a cushion car in the vicinity of the C-dong of the B-dong apartment in Nowon-gu, Seoul Special Metropolitan City around July 3, 2020.

E AFM5 car driven by E was shocked.

Accordingly, the Defendant was driven under the influence of alcohol by a police officer belonging to the G police box of the Gyeong-gu Police Station of the Gyeong-gu, Nowon-gu, Seoul, who was dispatched to the scene after receiving a report 112, on the ground that the Defendant was found to have taken a breath of the Defendant’s blood with red and snicking, with an inaccurate drinking while drinking.

Due to reasonable grounds, it was demanded several times to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant continued to leave the scene, and failed to comply with a police officer's request for measurement of drinking without justifiable grounds by avoiding drinking alcohol measurement.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. The defendant, at around 01:25 at the time stated in the above paragraph (1), 1, 3, 4, 7, 3, 4, 4, 1, 1, 1, 2, 3, 3, 3, 3, 3, 4, 4, 4, 1, 3, 4, 4, 1, 5, 1, 1, 3, 1, 1, 1, 1, 1, 2, 1, 2, 2, 2, 2, 2, 2, 3, 2, 3, 2, 3, 2, 3, 2, 3, 2, 3, 3, 2, 3, 3, 2, 3, 3, 3, 3, 3, 3, 4, 3, 3, 4, 3, 4, 2, 3, 3, 3, 3, 4, 4.