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(영문) 대구지방법원 2019.05.02 2019고단18
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 December 3, 2010, the Defendant issued a summary order of 2.5 million won of a fine for a violation of the Road Traffic Act at the Daegu District Court's Daegu District Court's Daegu District Court's distribution branch on April 29, 2014 and filed a summary order of 1.5 million won of a fine for the same crime at the Daegu District Court's distribution branch on December 18, 2018.

【Criminal Facts】

On November 13, 2018, at around 10:05, the Defendant driven a motor vehicle for Spati-type E under the influence of alcohol content of about 100 meters at approximately 30 meters from the D Association parking lot at around 100 meters and from around 30 meters from the D Association parking lot at around 10 meters to the neighboring road.

"2019 Highest 1259"

1. Around 03:00 on February 19, 2019, the Defendant driving a motor vehicle in the E Sp-type without obtaining a driver’s license at a section of about 50 meters from the front of a G cafeteria located in the F of Busan Metropolitan City to the IF in the front of the G cafeteria.

2. On February 19, 2019, at around 03:00, the Defendant was required to comply with the measurement of alcohol by inserting it into a drinking measuring instrument on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a police officer belonging to the J of the Gyeongbuk Police Station, who was called out after receiving a report of the occurrence of a traffic accident on the road in front of the I drinking session located in Sinsan City, and the Defendant was in compliance with the measurement of alcohol by inserting it into the drinking measuring instrument.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

"2019 Highest 18"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports and investigation reports (verification of the same type of force);

1. The defendant's legal statement; 1.1.

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