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(영문) 대구지방법원 김천지원 2019.01.17 2017고단1803
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 22:20 on October 16, 2017, the Defendant, “2017 Highest 1803”, while driving a C rocketing car under the influence of alcohol on the roads near the Gu-U.S. B lending, the police officer under the influence of drinking escaped about 500 meters without disregarding his/her demand for stopping. The police officer arrested the Defendant in the manner that the Defendant’s speech and behavior was carried out by the Defendant, and the police officer arrested the Defendant in a flagrant offense was able to see the direction of the traffic, keep the walk off, keep the walk off, check the blood color red, and arrest the Defendant as a flagrant offender.

On the same day, the Defendant, at around 22:41 on the same day, failed to comply with the police officer’s measurement without justifiable grounds by explicitly refusing to comply with the demand of the police officer to take a drinking test by inserting the whole in a drinking measuring instrument.

On January 13, 2017, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court on January 13, 2017, and KRW 3 million with the same court on August 10, 2018 (on December 14, 2017, 201).

1. Although the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) more than twice, on June 10, 2018, the Defendant driven Crocketing car with a blood alcohol content of 0.090% under the influence of alcohol without obtaining a driver’s license from G distance in front of Gumi-si F on June 10, 2018.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said car at the above temporary border and drive three-lanes of the G in front of the G in the city F in the Gu, Si, Si, Gu and Si, to the erode from the surface of the

In this case, there was a duty of care to prevent accidents in advance by accurately operating the brake system, and safely driving the driver's prior to the front, rear and left.

Nevertheless, the defendant is under the influence of alcohol.

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