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(영문) 대구지방법원 2020.11.05 2020고단4138
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On May 22, 2020, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court due to a violation of the Road Traffic Act.

"200 Highest 4138"

1. Around 09:30 on August 3, 2020, the Defendant refused a police officer’s demand for a measurement of alcohol without justifiable grounds, even though he was required to comply with a measurement of alcohol by inserting the breath in a breathous manner, such as when he was driving a breath-lurged vehicle in C in front of C in the Glurg-gun, Glurg-gun, Glurg-gun, a large amount of walking conditions, and snow shock, while driving the breath-lurged vehicle in front of C, which is located in B of Lurg-gun, and thus making it difficult to recognize that the breath-lurd vehicle was driven while under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in paragraph (1) and operated a D-to-purd vehicle without obtaining a driver’s license.

On April 21, 2020, the Defendant, at around 22:55, refused to take a measurement, regardless of the demand for a alcohol measurement at least four times on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a g and the front road of G in the same city of G and H, and the front road of H, without a vehicle driver’s license, while driving a 300-meter x-E vehicle at the same city of G and the front road of H, which was dispatched to the site after receiving a 112 report that would be suspected to drive under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

"200 Highest 4138"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification on the control of drinking driving;

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