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(영문) 대구지방법원 포항지원 2020.03.24 2020고단120
도로교통법위반(음주측정거부)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 1, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on May 1, 2014, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the same court on December 14, 2018, respectively.

【Criminal Facts】

1. Around 20:55 on January 11, 2020, the Defendant was under the influence of alcohol, while driving Dpoter Ⅱ on the roads front of the Posi-gu B apartment Cdong at the port at the port, the Defendant was under the influence of alcohol, resulting in a traffic accident by taking as the part before the left-hand left-hand side of the E-Motor vehicle parked at the port.

Therefore, although there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, snowing, red and proper walking, etc. from the superintendent of the police station belonging to the G police station in the port north of Korea who called to the scene, the Defendant was requested to comply with a drinking test by inserting four minutes in the form of a drinking measuring instrument for about 17 minutes, the Defendant did not comply with the police officer’s request for a drinking test without justifiable grounds.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

2. A violation of the Road Traffic Act (unlicensed driving) driving of the Poter II from the front of the apartment house B in the north-gu, Posi-si to the front of the apartment house C-dong, without obtaining a temporary driving license, as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A report on actual condition and internal investigation (14 pages of investigation records);

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Each photograph;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the same kind of records, such as drunk driving of a suspect);

1. Criminal facts;

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