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(영문) 대구지방법원 2020.06.16 2020고단2221

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 26, 2013, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court. On April 17, 2014, the same court was sentenced to six months of imprisonment and two years of suspension of execution for a violation of the Road Traffic Act. On December 17, 2015, the same court was sentenced to six months of imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 10:30 on November 18, 2019, the Defendant driving a e-mail vehicle without obtaining a driver’s license from around 1.5 km to the front parking lot in front of the warehouse of the headquarters of the Association of Young-si, Young-si from around B to the front of the warehouse of the headquarters of the Association of Young-si.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) received a report from the head office of the Gyeonggi-do Association CD and received a notification to the effect that the Defendant driven under the influence of alcohol such as smelling and smelling on the face by the Defendant from G during the process of the police box of the Gyeongcheon-gu Police Station at the time and time set forth in paragraph (1) of this Article, the Defendant was demanded to comply with the measurement of drinking, from that time, to that time, by inserting the breath of the police box at around 10:44 on the same day, at around 11:15 on the same day.

Nevertheless, the Defendant did not comply with the demand of a police officer for a alcohol test without a justifiable reason while referring to “Sa. Madra as Madna,” and avoiding this in a manner that does not comply with the alcohol test.

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. Defendant's legal statement;

1. The police statement of H;

1. Report on the circumstantial statements, investigation report, and register of driver's licenses;

1. Previouss before judgment: Criminal history records;

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