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(영문) 대구지방법원 2021.02.04 2020고단5923
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 8, 2008, the Defendant was issued a summary order with a fine of KRW 700,000 as a violation of road traffic law (dacting driving) in the Seo-gu District Court Branch of the Daegu District Court. On August 8, 2014, the Defendant was issued a fine of KRW 3 million as a violation of road traffic law (dacting driving) by the Daegu District Court.

[2] On September 20, 2020, the Defendant, while driving B Cor or a car on September 20, 2020 and driving at the B 21:05, proceeded to turn to the left from the four-distance distance of the network right line in the front of Daegu Suwon-gu, D High School to the right-hand turn to the right-hand turn to the right-hand side of the ditch, the Defendant was determined with the collision of the curb of the traffic island in front of the

At around 21:55 on the same day, the Defendant was faced with a car accident, and the vehicle continues to stay at the base and the prevention threshold.

“A person who drives drinking, such as drinking, by making a report on 112 the details of the 112 report, by driving a drinking, such as F in the process of belonging to the Daegu Suwon Police Station E system and smell G.

There is a considerable reason to suspect that it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Accordingly, the Defendant violated the prohibition of drinking under Article 44(1) and 44(2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on the scene of the accident, report on actual condition, each seizure report, list of search and seizure, report on the main driver (report on the situation of the main driver), report on the detection of the main driver, report on investigation (in respect of refusal to measure drinking by a suspected suspect A), report on internal investigation (Attachment to video at the time of the black boom accident), photograph of video-cap and report on the police report against H;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (suspect-related criminal records and confirmation);

1. Article 148-2 of the Road Traffic Act concerning the crime and Articles 148-2 (1) and 44 of the same Act concerning selective punishment;

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