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(영문) 대구지방법원영덕지원 2020.11.04 2020고단223
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 12, 200, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Port Support of the Daegu District Court on March 15, 2004, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Port Support of the Daegu District Court on March 15, 2004, and a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Daegu District Court on August 30, 2012 from the Port Support of the Daegu District Court on August 30, 2012.

On August 28, 2020, the Defendant: (a) around the entrance of the south of a fluorri-ri 171-14, the south of the Jinjin-gun, Chungcheongnam-do, Chungcheongnam-do; (b) under the influence of alcohol, the Defendant: (c) driven a fluor B liquid sports car while driving the fluor under the influence of alcohol; and (d) caused an accident on the front part of the said vehicle; (c) on the ground that there are reasonable grounds to recognize that the Defendant driven the fluor under the influence of alcohol, on the grounds that there are considerable reasons to recognize that the Defendant driven the fluor, such as drinking, drinking, inaccurate, high walking, high walking, and causing an accident, from around 21:53 to 22:08 on the same day, the Defendant did not comply with the request of a police official for a drinking test by inserting the fluor for a total of 15 minutes from around 21:53 to 2208.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the circumstances of the driver), and internal investigation report;

1. Reports on the occurrence of traffic accidents, reports on the results of the regulation of drinking driving, circumstantial statements of drinking drivers, records of use of drinkgs, and photographs of the vehicle register; and

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Discretionary mitigation;

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