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(영문) 대구지방법원 2020.09.16 2020고단615

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2009, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment with labor for a violation of the Road Traffic Act (e.g., refusal of measurement) at the Daegu District Court.

【Criminal Facts】

On December 8, 2019, at around 05:50 on December 8, 2019, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three times in total from around 06:10 to 06:20 on the same day, while driving Dbs on the front of the C store located in Busan, with the report of 112 on the depth of drinking that “the distance of a car bnds off for 20 minutes”, and after receiving the report of 112, the background F of the E zone belonging to the Gyeong Police Station E zone in the Gyeongsan Police Station E zone called, and the Defendant was found to have driven a motor vehicle while under the influence of alcohol, such as a breathing, fluoring and fluoring distance.

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

Accordingly, the defendant violated the prohibition of drinking alcohol refusal twice or more.

Summary of Evidence

1. Legal statement, statement, report on the actual state of drinking drivers, investigation report (report on the actual state of drinking drivers), inquiry report on the occurrence of traffic accidents in the register of driver's licenses, actual state investigation report, report on the actual state of traffic accidents, report on the handling of reported cases, report on the internal investigation of the accused, report on the record of driving under influence of alcohol, driving under influence of alcohol, and report on the internal investigation (on-site photograph of the accused);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of records refusing to measure sound records);

1. Relevant provisions of Article 148-2 (1), 44 (2) and (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, we will raise our society's awareness about drinking driving.