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(영문) 대구지방법원 2020.10.14 2020고단3621
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2009, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 25, 2020, at around 05:44, the Defendant: (a) driven a drinking-free car in the state of drinking from the her mother to the her mother seat; (b) was required to comply with the drinking-free test by inserting alcohol in a manner of inserting alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking alcohol, smelling on the face, red-lighting, and inaccurate weather, from the slope E belonging to the D Zone of the Daegu Gangseo Police Station, which was called on the site after being suspected of driving under the influence of alcohol.

Nevertheless, the Defendant denied the fact of drinking from 06:07 to 06:27 on the same day, and did not comply with a police officer’s demand for sobage measurement without justifiable grounds.

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

Summary of Evidence

1. Defendant’s legal statement, internal investigation report (field status, etc.), investigation report (report on the situation of his/her driver), report on his/her oral statement, report on his/her oral statement, notification on the results of the drinking driving control, driver’s license register, register of vehicle driving licenses, register of vehicle-based CCTV video data, and list of cases 112 reported;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of same attached power - a copy of summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (2) and (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

.motor vehicles, motorcycless;

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