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(영문) 대구지방법원 2020.05.06 2020고단684
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On September 5, 2002, the Defendant issued a summary order of KRW 1.5 million to the Daegu District Court for a violation of the Road Traffic Act, and on February 5, 2008, a fine of KRW 4 million to the Daegu District Court for a violation of the Road Traffic Act.

【Criminal Power】 On December 17, 2019, at around 04:37, the Defendant: (a) caused an accident of collision with the entrance and exit of the school, etc. on the front of the D Elementary School located in Busan Metropolitan City, the roads in front of the G Elementary School located in Busan Metropolitan City. (b) On December 17, 2019, the Defendant moved to the roads in front of the Fjun City E. (c) and driven a car.

The Defendant received a report that a vehicle suspected of drinking is in operation, and received the report from the police officer of the police station of the police station of the police station of the police station called the Defendant, and conducted voluntary operation with the police officer of the police station of the police station of the police station of the police station of the police station, on the grounds that there are reasonable grounds to recognize that the vehicle was driven while under the influence of alcohol, such as being damaged by the front driver of the vehicle, and operating the vehicle to take measures for drinking, etc., and received a demand from the police officer of the police station of the police station of the police station of the police station of the police station of the police station of the police station to comply with

Nevertheless, the Defendant, “I am while driving a drinking and driving a drinking, so far as I am unable to do so, I am in, kn, va, va, and we am in, so we see that I am in, and we am in, so we see that I am so that I am in, and we am in, we do not comply with a police officer’s request for a drinking test without any justifiable reason, thereby violating the prohibition of drinking under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition surveys, reports on the actual state of drivers, reports on the investigation (report on the actual state of drivers), reports on the control of drunk driving, inquiry into the results of the control of drunk driving, investigation reports (on-site situations, etc.), registers of driver's licenses, and vehicle inquiry meetings;

1. A photograph of the accident site;

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