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(영문) 대구지방법원 2020.06.25 2020고단1565
도로교통법위반(음주측정거부)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On May 29, 2015, the Defendant was issued a summary order of KRW 5 million from the Daegu District Court’s Daegu District Court’s support for the violation of the Road Traffic Act, to a fine of KRW 1.5 million, to a fine of KRW 5 million for the violation of the Road Traffic Act (driving) at the Daegu District Court on May 9, 2016, and to a fine of KRW 5 million on September 17, 2018, to a fine of KRW 5 million for the violation of the Road Traffic Act (Refusal of Drinking Measures).

【Criminal Facts” around 12:35 on January 20, 2020, the Defendant, without obtaining a driver’s license from around 7.5 km section from the roads in the city of the Gu-U.S. to the roads in the Gu-U.S. B B B lending, driven C-U.D. under the influence of alcohol.

The Defendant received a report from 112 to the effect that he is “driving a drinking alcohol and driving a drinking alcohol,” and received a request from the Defendant to respond to the measurement of drinking alcohol by inserting approximately 13:00 from around 13:0 of the same day, there were reasonable grounds to recognize that he was driving under the influence of alcohol, such as he was breading and smelling by a slope E belonging to the D District Police Station, etc., and making a witness statement.

Nevertheless, the defendant, by explicitly refusing to take a drinking test, failed to comply with a police officer's request for a drinking test without any justifiable reason, thereby violating the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant at the court (the second trial date);

1. 주취운전자 정황진술보고서, 수사보고(주취운전자 정황보고), 음주운전단속사싯ㄹ결과조회, 진술서(F), 수사보고(112 사건 신고서 첨부에 관하여), 수사보고(피의차량 차적조회서, 피의자 자동차운전면허대장 첨부에 관하여), 수사보고(현장경찰관이 녹화한 현장상황 영상 첨부에 관하여)

1. Previous convictions in judgment: Criminal records and investigation reports and criminal records of the same kind as the suspect;

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