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(영문) 대구지방법원 서부지원 2019.10.29 2019고단2106
도로교통법위반(음주측정거부)등
Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by a fine of two million won.

Reasons

Punishment of the crime

Defendant

On August 18, 2010, A was sentenced to a suspended sentence of 2 months for the crimes of violation of the Road Traffic Act, etc. at the Seo-gu District Court Branch of the Daegu District Court, and on May 10, 2012, A was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act, etc. at the Daegu High Court on May 10, 2012, and on April 16, 2019, the decision became final and conclusive on April 24, 2019 after having been sentenced to a suspended sentence of 1 year for the crimes of violation of the Road Traffic Act (driving) from the Seo-gu District Court Branch of the Daegu District Court on April 16, 2019.

1. Defendant A

A. A. On July 23, 2019, the Defendant violated the Road Traffic Act (Refusal of measurement) (hereinafter “Road Traffic Act”), even though he had the record of being punished as a crime of violating the Road Traffic Act (driving) on or around July 23, 2019, the Defendant, while drinking alcohol, drive a Cteca car while driving the Eteca car in the direction of drinking and driving the road prior to a restaurant located in D of the Gyeongbuk-gun, North Korea

The number of landscape gardening above the central separation zone was shocked.

Since then, the Defendant received a report to the effect that “A vehicle which seems to have driven a motor vehicle due to a traffic accident,” and moved to the F district located in the G located in the G located in the G in the Gyeongbuk-gu Police Station of the Gyeongbuk-gu Police Station, the Defendant was required to comply with a drinking test by inserting the vehicle into a drinking measuring instrument from around July 23, 2019 to around 0:18 of the following day, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, and snicking, etc., by drinking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

B. On July 23, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving). On July 23, 2019, the Defendant is a car in C the Cmecon at a section of about 1 km from the Jjundong, which was located in the Gyeongbuk-gun I to the access road of the E-cafeteria, located in the said D.

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