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(영문) 대구지방법원 의성지원 2020.03.26 2020고단60
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in the driving of B Poter trucks.

On February 6, 2020, at around 00:13, the Defendant driven the above cargo vehicles parked in D, which were parked in Seongbuk-gun, Seongbuk-gun, Seongbuk, and continued to proceed to the entrance of the said parking lot.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant did not provide the Defendant’s personal information to the victim, while under the influence of alcohol, who was parked in the same place due to negligence while neglecting it, was shocked to the right side part of the Fransh car, which was owned by the victim E, in front of the right side of the said cargo, so that the repair cost of KRW 1,076,701 is damaged, and thus, the Defendant did not provide the Defendant’s personal information.

2. On August 25, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act in a sex support by the Daegu District Court of the Daegu District Court for a violation of the Road Traffic Act, and on July 6, 2017, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

Although the Defendant had a record of violating the provision on prohibition of driving under the influence of alcohol at least once, on February 6, 2020, at around 00:52, the Defendant refused to comply with the demand for measurement of alcohol by a police officer without justifiable grounds, even though he/she was requested by the police officer to comply with a sobreath method by inserting the breathm measuring machine into a drinking measuring machine, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, smelling, drinking, and drinking distance, on February 6, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol or the prohibition of refusal to measure alcohol at least twice.

Summary of Evidence

1. The defendant's oral statement;

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