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(영문) 수원지방법원 평택지원 2014.03.06 2014고단134

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. 도로교통법위반(음주측정거부) 피고인은 2013. 8. 15. 02:19경 평택시 안중읍 안중리에 있는 나룻터횟집 앞 도로에서부터 평택시 안중읍 안중리에 있는 삼보식당 앞 도로까지 C 오피러스 승용차를 운전하여 온 다음, 도로 가운데에 위 승용차를 세운 후 운전석 문을 열고 시동을 켠 채 잠들었고, 당시 위 승용차 운전석 옆 땅바닥에는 구토물이 있었고, 피고인의 안면은 홍조를 띠고 있었으며 술 냄새가 나는 등 술에 취한 상태로 운전하였다고 인정할 만한 상당한 이유가 있어 112 신고를 받고 출동한 경찰관과 함께 평택시 D에 있는 E파출소로 임의동행하게 되었다.

Since August 15, 2013, the Defendant refused to comply with a request to measure alcohol at a police station around 03:21, 03:32, and 03:43, even though the Defendant received a request to measure alcohol from a police officer for three times from the police officer F.

2. On August 15, 2013, at around 02:19, the Defendant: (a) while driving a vehicle under the influence of alcohol on the roads from the day before the opening of the container to the front of the said tri-type restaurant at Pyeongtaek-si; (b) at the same time, upon receiving a request from a police officer to take a drinking test, etc., the Defendant: (c) had G attend the police station to have him appear in the police station to make a false statement; (d) on the same day, mobile phone text messages, etc. to the effect that “G would make the said vehicle to make the Defendant house known to the police agency that “G would make the said vehicle to make the Defendant house known to the public; and accordingly, (e) had G make a false statement to the effect that “G would directly drive the vehicle and make the Defendant house known to the public by having him to the effect that it constitutes a penalty exceeding a fine,” and (e) caused G to escape by having him to the effect that “G directly drive the witness at the Pyeongtaek-dong police station at around 111:00 on August 25, 200.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. G.

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