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(영문) 대구지방법원서부지원 2020.12.22 2020고단1680
도로교통법위반(음주측정거부)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and on May 13, 201, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (refluence of measurement) at the Seo-gu District Court Branch Branch Branch Branch of the Daegu District Court on May 13, 201, and on June 4, 2013, the Defendant issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (refluence of measurement) at the Seo-gu District Court Branch of the Daegu District Court on June 4, 2013.

Around 20:13 on March 24, 2020, the Defendant was required to respond to a drinking test by inserting it into a drinking measuring instrument three minutes between approximately 18 minutes and 18 minutes, despite the fact that the Defendant was required to respond to the drinking test by inserting it into a drinking measuring instrument three minutes on the face of the Defendant while driving the said B B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Accordingly, the defendant refused to drive a drinking or to measure drinking more than twice.

Summary of Evidence

1. Application of three Acts and subordinate statutes to the accused's legal statement, statement on the circumstances of his/her driver, investigation report, internal investigation report (recognization report), photographs refusing to measure drinking, investigation report (final drinking place and distance investigation into drinking driving distance), inquiry report such as vehicle CCTV criminal records, investigation report (verification of the same kind of power), and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. There are many records of the reasons for probation and community service Article 62(1) of the Criminal Act and the sentencing of Article 62-2 of the Criminal Act.

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