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(영문) 대구지방법원 2015.11.19 2015고단4886
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On October 19, 2010, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court, and on February 16, 2011, the same court issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act.

[2015 Highest 4886] On October 19, 2010, the Defendant was issued a summary order of 1.5 million won by a Daegu District Court for a violation of the Road Traffic Act (driving) and a fine of 2.5 million won by a Daegu District Court on February 16, 201.

On September 1, 2015, around 21:15, the Defendant was demanded to respond to the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the road in front of the same-sex conference in Yongcheon-si, 56-gu, Youngcheon-si, and while driving Bchip XG automobiles with drinking alcohol, there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking alcohol reduction by the slope D belonging to Youngcheon Police Station C, and the Defendant appeared, and the Defendant was smelling.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

[2015 Highest 5039] The defendant is a person who is engaged in driving a passenger car by borrowing.

On October 22:57, 2015, the Defendant driven the said car with the alcohol concentration of 0.182% 0.182%, and driven it along the two-lane road in front of the Youngcheon-si, Young-gu, Young-gu, Incheon Metropolitan City.

At the time, at night, there are many people who want to catch a taxi in the taxi platform or a taxi engineer at a two-lane, and in such a case, the driver has a duty of care to safely drive the taxi and prevent the accident by driving the taxi in advance.

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