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(영문) 대구지방법원 안동지원 2021.01.13 2020고단478
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On April 15, 2016, the Defendant was given a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Daegu District Court, Daegu District Court.

[Criminal facts] The suspect is a person driving B Poter Cargo Vehicles.

On June 5, 2020, the Defendant: (a) driven a B Poter freight vehicle while drinking alcohol at around 19:17, while driving the 129-Ga 129-Ga 129-Ga at permanent residence, while driving D Moco drivened by C, while driving the 112-lane of C Motor Vehicle at the time of 129-Ga 10-Ga; and (b) while engaging in the said dispute with C, the Defendant was under the influence of alcohol, such as drinking alcohol from the Defendant’s entrance, drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, etc. from the police officer belonging to the E District of the Permanent Police Station of the Permanent Police Station, who was called upon 112.

There are reasonable grounds to determine a person, and by not later than 19:40 on the same day, the person was requested to comply with the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument three times in total, but refused it without justifiable grounds.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Criminal place, traffic accident situation report, on-site investigation report, on-site investigation report, on the driver's circumstantial statement, investigation report (main driver's circumstantial report), on-site investigation report, copy of notification on the result of crackdown on driving alcohol, 112 case list, investigation report (in the notification of the correction of a drinking gauge and the investigation report on attachment of a ledger using a dact measuring instrument), register of using a drinking measuring instrument, investigation report (in the case of attachment of images taken by the suspect at the time of measuring alcohol), investigation report (in the case of attachment of images taken by the suspect at the time of measuring alcohol), previous records of investigation reported as a result of investigation: A response to criminal records and other inquiries, investigation report (Attachment of a summary order,

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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