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(영문) 대구지방법원서부지원 2020.12.10 2020고단1557
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around April 16, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road in front of a restaurant near the Seo-gu Seo-gu Seo-gu Gyeong apartment, Daegu, without obtaining a driver’s license in a section of about 2 km from the road in front of the restaurant to the E-distance located in D.

2. On October 13, 2010, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch Branch on the grounds of the violation of the Road Traffic Act. On September 2, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime in the Seo-gu District Court’s Branch Branch on the grounds of the same crime, and on February 12, 2018, the Defendant was issued a summary order of KRW 7 million as a fine for the same crime.

On April 16, 2020, the Defendant is driving a F Sti-type vehicle from the E Sti-ray located in Seo-gu, Daegu D around 20:35.

On the other hand, there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as heavy snow snow and pedestrian fluoring, fluoring, and smelling, when he was asked by H in the position of the G District of the Daegu Seo-gu Police Station G District, which was called to the site, due to the following reasons: (a) from 21:02 to 21:12 of the same day, he was demanded to comply with the alcohol testing by inserting the flusing the fluor into a drinking measuring instrument three times from 21:02 to 21:12 of the same day.

Nevertheless, the Defendant avoided so as to keep a drinking measuring instrument in his hand and did not comply with a police officer’s request for a drinking test without any justifiable reason.

Accordingly, the defendant violated the prohibition of drinking driving and drinking refusal to measure drinking more than twice.

Summary of Evidence

1. Investigation report by the police on the defendant's legal statement I (report on the situation of the driver of the police station) and investigation report (field status);

1. Notice of the arrest of the case of the violation of the Road Traffic Act (Refusal of measurement), report of the occurrence of a traffic accident, report of the occurrence of a traffic accident, report of the situation of a drinking driver, and notification of the results of the crackdown

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