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(영문) 대전지방법원 공주지원 2021.03.23 2021고단26
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 23, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Ansan-si Branch of the Daejeon District Court on June 29, 2012. On March 17, 2016, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws (drinking driving). On May 18, 202, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic laws (dacting measurement) in the Daejeon District Court's Hongsung Branch of the Daejeon District Court on March 17, 2016. On November 22, 2019, the Defendant was sentenced to six months of imprisonment for a violation of road traffic laws (dacting driving) and completed the execution of the sentence on May 18, 202.

[2] On January 4, 2021, the Defendant: (a) driven a motor vehicle with approximately KRW 700 meters away from the roads adjacent to the C church in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the roads in front of D; (b) while driving a motor vehicle with the E Laun under the influence of drinking around 700 meters, the Defendant caused a traffic accident involving road boundary seats.

On January 5, 2021, the Defendant continued to drive a motor vehicle under the influence of alcohol at the above location on January 5, 2021, such as where the Defendant was under the influence of alcohol, such as where the Defendant’s departure is inaccurate, where the pedestrian was in an incorrect manner, and where the alcohol reaction is reduced as a result of a drinking reduction using a red and a drinking reduction device.

Due to reasonable grounds, 112 reported 112 and demanded a police officer to comply with the alcohol alcohol measurement by inserting a slope G belonging to the F District of the Cheongyang Police Station G, or a police officer to put a drinking measuring instrument into respiratory.

Nevertheless, the Defendant, from January 5, 2021 to 01:52 on the same day, failed to comply with a police officer’s demand for the measurement of drinking alcohol without justifiable grounds by avoiding the measurement of drinking, such as “I am more than good, I am more than good,” and “I am safe from the measurement.”

Accordingly, the Defendant violated the provision prohibiting driving of drinking or refusing to measure drinking under the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's legal statement, the investigation report on the circumstances of the driver at the main place, the investigation report (the circumstances of the driver at the main place).

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