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(영문) 대구지방법원서부지원 2020.10.30 2020고단557
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 29, 2013, the Defendant issued, at the Daegu District Court, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act; on January 7, 2014, a summary order of KRW 5 million for a fine of KRW 7 million for the same crime; and on March 4, 2019, a summary order of KRW 7 million for the same crime was issued by the vice-branch of the Daegu District Court.

1. On November 5, 2019, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) at around 00:16, the Defendant was required to comply with a drinking test on the said vehicle, on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s appearance of drinking reaction as a result of an inspection of a drinking reduction conducted by the Daegu Southern Police Station C belonging to the Daegu Southern Police Station C, which controlled the drinking driving, on the road front of the Daegu Southern-dong 160-8.

Nevertheless, the Defendant, without any justifiable reason, driven the above vehicle without complying with the alcohol alcohol measurement by a police officer, and escaped from the entrance of the upper school in the same clubs as the former, and rejected a request from the police officer to respond to the alcohol alcohol again and escaped.

Accordingly, the defendant violated the Road Traffic Act prohibition and the prohibition of drinking alcohol measurement under the Road Traffic Act not less than twice.

2. Violation of the Road Traffic Act (Unlicensed Driving) driving of the said SM5 vehicle without obtaining a driver’s license at approximately 5km section from the Do, the front of the Administrative Welfare Center, Namcheon-dong, Namcheon-gu, Daegu-gu, 27-1, and from the front of the Administrative Welfare Center, Namcheon-dong, 160-8, 160-8, the Defendant used the said SM5 vehicle without obtaining a driver’s license at the same 5km section from the front of the Do.

Summary of Evidence

1. The defendant's legal statement E, the report on the situation of his/her oral statement, the investigation report (report on the situation of his/her driver), the vehicle under inquiry into the driver's license (cancellation) and the damaged patrol vehicle.

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