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(영문) 대구지방법원서부지원 2020.11.19 2020고단1885
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 May 20, 2020, the Defendant driven CK9 car while under the influence of alcohol on the front street of Daegu-gu B on May 20, 2020, and caused an accident involving D’s E QM6 vehicle front part of the Defendant’s vehicle.

The Defendant received a report 112 and received a request from the superintendent G of the police box of the relevant police station of the relevant accident to respond to the measurement of alcohol by inserting the breath for about three minutes from around 21:33 of the same day to around 21:43 of the same day, on the grounds that there exist reasonable grounds to recognize that he/she was driven while under the influence of alcohol, such as smelling, smelling, red, etc. by the Defendant from the superintendent G of the police box of the relevant police station of the relevant accident.

Nevertheless, the Defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument, or rejected it as soon as possible, thereby refusing to comply with the drinking-free measurement by police officers without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the investigation into the register of driver's licenses, such as an accident site photograph, the report on the circumstantial statement of the driver, CCTV images, mobile phone CDs, mandatory insurance, car inquiry, car inquiry, and the investigation into the register of driver's licenses;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case, and that there is no record of crime subject to

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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