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(영문) 대구지방법원김천지원 2020.11.12 2020고단878

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On August 3, 2007, the Defendant was issued a fine of KRW 1.5 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on August 3, 2007, and a fine of KRW 4 million as the same crime in the same court on December 26, 2013.

【Criminal Facts】

On March 8, 2020, at around 00:10, the Defendant driven a E-W-man car in the state of alcohol from approximately 150 meters in a section of approximately 150 meters from the front of the front of the party room to the front road in C, and parked the said vehicle on the front road.

The Defendant received a report on a drunk driving under the influence of alcohol on the part of the Defendant, which stated that he was “a person who has driven a vehicle above the above D,” and received a report on a drunk driving under the influence of alcohol, and there was considerable reason to recognize that the Defendant driven a vehicle under the influence of alcohol, such as a red and non-distance, from the slope G belonging to the F Zone G of the Gyeonglungdong Police Station in the Gandong Police Station, and received a demand to comply with the measurement of alcohol by inserting four minutes from around 00:15 to around 00:45 on the same day, in a manner that the Defendant

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. A statement of H in court of the defendant;

1. As to the refusal of measurement, etc., a copy of the report on internal investigation (as to the video of reported persons), report on internal investigation (as to the video of reported persons), report on investigation (as to the video of the black box), report on the circumstantial statement of the driver, and report on the use of the d

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend lectures.