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(영문) 대구지방법원 김천지원 2021.01.13 2019고단1250
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On March 13, 2019, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act at the Changwon District Court on March 13, 2019, and was sentenced to a suspended sentence of two years on March 21, 2019, and the said judgment became final and conclusive on March 21, 2019, was 4 times

1. On July 28, 2019, the Defendant was driven under the influence of alcohol by the Defendant, on the following grounds: (a) the Defendant was driving a motor bicycle at a section of about 100 meters from the front of the C main office in the Gu-Si, Nowon-si, Chungcheongnam-si; (b) around 23:25, in a section of approximately 10 meters from the road front of the D building parking lot; (c) the Defendant’s walking of the Defendant from the seat of the police box of the Gu-U.S. police station dispatched upon receipt of a report by 112, on the following grounds: (a) the Defendant was driving under the influence of alcohol: (a) the Defendant: (a) while driving a bicycle at the direction of the C main office in

There is a reasonable reason to recognize that there is a demand for a measurement of drinking by not later than 23:43 on the same day, but refuses the measurement of drinking, and attempts to leave the site to refuse the measurement of drinking, so police officers did not comply with the request for a measurement

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. Defendant 1 who violated the Traffic Act (unlicensed Driving) operated a motor bicycle without obtaining a motor device bicycle license at the time and place specified in paragraph 1 above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A copy of the statement report on the situation of the driver in charge of drinking and the ledger using the drinking instruments;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same type of crime record);

1. Relevant Article 148-2 (1), Article 44-2 (1) and (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of a driver's license for bicycle-free driving, the selection of fines) concerning facts constituting an offense;

1. Article 37 (former part) and Article 38 (1) 3.

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