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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1561
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Criminal facts

The Defendant was sentenced to a fine of KRW 4 million on November 3, 2018 due to a violation of the Road Traffic Act (dacting driving) in the support of the Suwon Frigwon, which was sentenced to a fine of KRW 4 million on November 3, 2018.

【Crimes】

1. On November 14, 2020, the Defendant: (a) while driving a motor vehicle from the north-dong-dong in the north-dong-dong to the same Chapter B parking lot of the same Chapter, the Defendant: (b) reported on November 14, 2020 to 112 that drinking would be doubtful while driving a motor vehicle; (c) while driving the motor vehicle at the same Chapter B from the north-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and was driving under the influence of alcohol, such as

의심할 만한 상당한 사유가 있어 약 20분 동안 4 차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어넣지 않고 시늉만 하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

"2021 Highest 79"

2. The Defendant is a person engaged in driving of a car at CNA.

On November 13, 2020, the Defendant driven the above car at around 21:50, and led the front road in North-gu at the port to the G elementary school from the private bathing beach area at the time of port to the private elementary school.

At night, the vehicle traffic is frequently frequent and at night, so in such a case, there was a duty of care to prevent the occurrence of an accident by making a person engaged in driving a motor vehicle to live well on the front door and the right and the right and the right and the right and the right, and operating the steering wheel and the system accurately.

The Defendant is guilty of failing to make a timely direction or fail to follow the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

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