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(영문) 광주지방법원 순천지원 2020.05.27 2019고단3225
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

On November 28, 2014, the Defendant received a summary order of KRW 1,500,000 as a fine for violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on November 28, 201.

1. On November 6, 2019, the Defendant violated the Road Traffic Act (refluoring to measure the noise level) and driven a e-be or car with drinking in the direction of approximately 1km from the front Do of the B apartment house at the Macheon-si to the front road of the Dong branch of the D Union located in the Macheon-si City, to the end of the Dong branch of the D Association.

As there are reasonable grounds to recognize that a person was driven while under the influence of alcohol, such as drinking, smelling, red, and walking, etc., from G during the process of the police box of the net Ycheon Police Station, he was demanded to comply with the measurement of alcohol by inserting three minutes during a period of about 20 minutes from around 01:05 to around 01:25 of the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 6, 2019, the Defendant driven the said car at around 00:45, and driven the road in front of the Dong branch of the D Association, which is located in C at Net City, from the H apartment on the side of the D Association, at the intersection of three-distance in front of the Dong branch of the D Association, in order to ensure that it is run.

In this case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle, to take into account the right and the right of the motor vehicle, and to prevent the accident in advance, such as whether there is a motor vehicle traveling along the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, neglected to do so, has the front part of the Defendant's driver's vehicle, which was driven by the victim J(the age of 61) who was directed toward the I apartment house at the Yecheon-si net IC, East City Municipal Ordinance.

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