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(영문) 대구지방법원 김천지원 2020.02.04 2019고단1485

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 8, 2010, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court on January 18, 2017.

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on September 22, 2019, the Defendant was driving a Dick car on the front side of C in the city B located in Guro-si, Seoul Special Metropolitan City on September 22, 2019, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s walking from the slope F belonging to the Edistrict of the Gyeong-gu Police Station in the Nowon-gu, Nowon-gu, U.S., Seoul Special Metropolitan City, the Defendant was driving under the influence of alcohol, and there is a reasonable reason to believe that the Defendant was driving under the influence of alcohol, such as the Defendant’s walking of the Defendant’s walking from the slope F of the Gyeong-gu, Seoul Special Metropolitan City, Gyeong-gu, and

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. Around 00:50 on September 22, 2019, the Defendant driving a DNA car without obtaining a driver’s license in a section of about 20 meters from the front of the parking lot located in the Gu-U.S., B to the front of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. On-site photographs and CCTV images, the details of measures taken to revoke driver's licenses, and disqualified meetings of the main office (A) in response to inquiries into the control of drinking driving, internal investigation reports (with respect to explicit refusal to arrest a flagrant offender suspected of committing a flagrant act, witness's statements, etc.), on-site photographs and CCTV images;

1. Previous records of his/her judgment: Investigation report (Attachment to a suspect's non-exclusive license records, etc.), criminal records, and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to take a direction of drinking), Articles 148 and 54 (1) of the Road Traffic Act (a point of failing to take measures after an accident), and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;