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(영문) 대구지방법원 2020.10.28 2020고단2336 (1)
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 22, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court on August 22, 2013, and was issued a summary order of KRW 1.5 million by the same court on August 16, 2016.

【Criminal Facts】

On March 23, 2020, at around 22:12, the Defendant received a traffic accident report and received a traffic accident report from the slope affiliated with the D Technicians of Yongcheon Police Station D, which called at the site while driving a clock vehicle in front of Yongcheon-si B, and received a demand from the Defendant to comply with the measurement of drinking at intervals of 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling out of the clock and walking the clock, etc., and driving under the influence of alcohol at intervals of 10 minutes.

Nevertheless, the defendant, "I am on behalf of the defendant," and "I am on behalf of the defendant," and the defendant did not comply with the request for measurement of drinking by a police officer without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant’s legal statement, field photograph, practical survey report on his/her actual condition, report on his/her actual condition, report on his/her actual condition, report on his/her actual condition, report on his/her report on the control of drinking driving (A), internal investigation report on his/her results (such as the party’s statement and refusal of measurement of drinking), and previous records on related judgments: The application of criminal records, investigation reports, and

1. Relevant legal provisions and Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise and the choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of all the circumstances such as the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, the background leading to the crime of this case, the mode of refusing to measure drinking, and the circumstances after the crime, a sentence as ordered shall be imposed on the defendant.

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