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(영문) 대구지방법원김천지원 2020.11.19 2020고단783
도로교통법위반(음주운전)
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 24, 2011, Defendant A was sentenced to imprisonment for 10 months and 2 years of suspended execution with respect to the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

At around 03:56 May 10, 2020, the Defendant driven a F typ car with a blood alcohol concentration of about 200 meters at approximately 0.153% while under the influence of alcohol from the section of approximately 200 meters to the front road in D.

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

2. On September 30, 2013, Defendant B issued a fine of KRW 4 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 30, 2013.

On May 10, 2020, the Defendant was driving a H-free car at approximately 5km section from the front of the Sinsi to the front road located in the same Sinsi, the Defendant was required to comply with the drinking test by inserting it from around 04:36 to April 4, 204 on the same day, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a red, cross-roping and a bridge, from a policeman affiliated with the police box of the old US police station, who was dispatched to the scene after receiving a traffic accident report, the Defendant was in compliance with the drinking test by inserting the face into a drinking measuring instrument three times or more from around 04:36 on the same day.

Nevertheless, the Defendant did not comply with the demand for a so-called alcohol test by a police officer without justifiable grounds, by means of "no need exists to respond to the measurement of whether he/she has seen a sound driving or refusing to take a alcohol test."

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

Summary of Evidence

1. Defendants’ legal statement

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on the scene of an accident, and an investigation report (such as dispatch conditions);

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. The user register of drinking-free measuring instruments and the circumstantial statement of a drinking driver;

1. Previouss before judgment: Each statement of criminal records, etc.;

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