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(영문) 대구지방법원 영덕지원 2019.11.27 2019고단142
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 21, 2003, the Defendant received a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving) at the port support branch of the Daegu District Court on October 14, 2004, with a penalty of KRW 2 million for a violation of the Road Traffic Act (driving). On April 18, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the port support branch of the Daegu District Court on April 18, 2007. On September 24, 2009, the Defendant received a summary order of KRW 2.5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Yeongdeungpo District Court on July 20, 2012.

1. Around 06:34 August 8, 2019, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) committed a disturbance by driving BEAVVER 125 Obaba while drinking alcohol, and thus sounding the border of the above Obab on the street front of the Ganjin-gun C private stay in the BEV, U.S., U.S., and the neighboring residents reported to the police.

At around 07:02 on the same day, the Defendant received the aforementioned report in front of the Defendant’s residence, and received the said report, and was required to comply with the drinking test by inserting the breathm in a drinking measuring instrument, for there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, divided, and breathing, etc., from the EstationF of the Ulsan Police Station Estation, which called out.

Nevertheless, the Defendant stated that “I shall not do so. D. C. C. C. C. C. Fe. No one shall report. I reported.” The Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds by: (a) having clearly stated his/her intention to refuse to take a alcohol test, such as walking on a kid in a ward and leaving a runway, and evading it, such as escaping from a runway; and (b) having avoided it.

Accordingly, the defendant refuses to take a drinking-free driving or a drinking-free test.

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