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(영문) 부산지방법원 2020.05.27 2020고단908
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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] The Defendant, at the Ulsan District Court on September 16, 201, issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the Ulsan District Court on September 16, 201, and the same criminal records are three times more.

【Criminal Facts】

1. Around 00:40 on January 7, 2020, the Defendant violated the Road Traffic Act (refluence of the noise measurement) caused a traffic accident in the section of about 2 km in front of the administrative welfare center located in the third dong of the Busan-gu, Busan-gu, resulting in about 2 km of the smallest 2 km away from the road in front of the administrative welfare center located in the third Do of the Busan-gu, and caused a traffic accident while driving a DNA fluor under the influence of alcohol. Upon receiving the report, the Defendant was required to take a drinking test by inserting alcohol from the slope F, etc. belonging to the Busan-gu, Police Station E zone of the Busan-gu, Busan-gu, and divide the horses into the Defendant, making it possible to recognize that the Defendant was driven under the influence of alcohol, such as making the horses fluor, making the fluor, making the fluor on the face, and setting the red light on the face, from around 01:10 on the same day.

However, the Defendant refused to take a drinking test by failing to comply with the measurement in a manner that does not put the whole in a drinking measuring instrument while making a protest against the police officers, such as F., F., etc.

2. On January 7, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving his/her car on his/her duty, driving his/her car at a speed of about 40 to 50km per hour, depending on three lanes from the 3rd administrative welfare center in front of the said 3rd administrative welfare center in the direction of G apartment in the direction of he/she in the direction of he/she in the direction of he/shealy intersection.

In changing lanes, a person engaged in driving of a motor vehicle has a duty of care not to change course when it is likely that a person engaged in driving a motor vehicle will live well before and after the direction of the change, and would impede the normal traffic of other motor vehicles in the direction of the change.

Nevertheless, the defendant intends to change the vehicle while driving the vehicle under the influence of drinking as above.

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