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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On July 22, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspension of execution on July 30, 2016 in the Seo-gu District Court Branch of the Daegu District Court for the crime of violating the Road Traffic Act.
[Criminal facts]
1. The Defendant is a person who is engaged in driving a vehicle CK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On May 20, 2017, the Defendant driven the said vehicle while under the influence of alcohol (the alcohol concentration in blood cannot be known as a result of the Defendant’s refusal to take a alcohol measurement as indicated in paragraph 2 below) and led the two-lane road at the speed of about 50 to 60km in the speed of about 50 km from the place of the raw milk origin, depending on one lane towards the flow of the two-lane road at the speed of about 354 degrees from the place of the raw milk origin in Daegu-gu, Daegu.
The Defendant, while driving the said vehicle under the influence of alcohol that is difficult to drive normally, was driving the said vehicle at one lane from the front direction of the driving direction to the signal atmosphere, was taking the back part of the victim D (the 58-year old-old vehicle) driving E in front of the Defendant’s vehicle in front of the Defendant’s vehicle, and suffered injury, such as the chilled salt, tension, etc. for about two weeks in need of medical treatment.
2. When Defendant 1 caused a traffic accident as above at the above time, at the above place, and obtained confirmation of the circumstances of the case from G around the police box affiliated with the police station that achieved the 112 report and called at the site, Defendant 2 driven a motor vehicle under the influence of alcohol, such as drinking, smelling and photographing the Defendant, red, shaking the state of walking in many horses, etc.
There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting approximately seven minutes into a drinking measuring instrument on seven occasions between 20 minutes.
그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.
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