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(영문) 대구지방법원 2020.09.09 2020고단4
도로교통법위반(음주측정거부)등
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 23, 2010, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

1. On May 12, 2019, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath in a total of three minutes between approximately 18:03 minutes and approximately 20 minutes and a total of 20 minutes between 18:03 on the same day, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and failing to walk normally, etc., from the slope affiliated with the slope of the Yongcheon Police Station D box called up after receiving a 112 report to the effect that “a person was able to lickly lickly lickly lickly lickly lured” on the road in front of the C convenience store in Yongcheon-si

Nevertheless, the defendant, "I did not drive a motor vehicle in distress" and avoided it, and failed to comply with a police officer's request for alcohol measurement without any justifiable reason, thereby violating the prohibition on drinking under the Road Traffic Act not less than twice.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

The defendant operated a F K5 car without mandatory insurance with the road front of the C convenience store in Yongcheon-si, the above temporary border.

Summary of Evidence

1. The defendant's decision as to the assertion of the defendant's photograph A of the 112 Report Processing Statement, the 112 Report, the statement of the situation of drinking driving, the notification of the results of drinking driving control, the report on the circumstances of drinking driving (the receipt of the report, the refusal of the signature and seal, etc.), the on-site driver's license register, the vehicle register, the car inquiry, the mandatory insurance association, the investigation report (in case of non-life insurance) (in case of access to mandatory insurance - the access to information on the opening of the driver's unmanned camera image screen) - The defendant's photograph A's photograph is refused to take a drinking because

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