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(영문) 광주지방법원 목포지원 2017.02.17 2016고단1608

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 2, 2015, the Defendant was sentenced to four months of imprisonment for a crime of obstructing the performance of official duties in the Gwangju District Court’s wooden Branch on May 15, 2015, and completed the execution of the sentence in the Wood Prison.

[Criminal facts] 2016 Highest 1608

1. On November 14, 2016, the Defendant: (a) driven a motor vehicle while drunkly under the influence of alcohol on the road for a police box in front of a police box in the Youngnam-gun, Youngnam-gun; (b) on November 14, 2016, the Defendant driven a motor vehicle in front of a police box in the Youngnam-gun, Youngnam-gun, Youngnam-gun, the Defendant driven the motor vehicle in front of the police box in front of the police box in the Youngnam-gun, the Defendant her bread and breaded the motor vehicle in front of the police box in front

There are reasonable grounds to determine a seal, the police officer of the above D police box was demanded from G to G to 14:06 of the same day to respond to the measurement of drinking alcohol by inserting the whole breath for about 20 minutes from around 13:46 to about 14:06.

Nevertheless, the defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided it, and did not comply with a police officer's request for a drinking test without justifiable grounds.

"2016 Highest 1637"

2. On November 9, 2016, the Defendant was driving a vehicle under the influence of alcohol from the slope F belonging to the above police station while driving a vehicle in the form of drinking, ranging from the Pyeongtaek-gun document of Yong-Gun to the Young-gun Police Station located in 19 in the southwest-ro of the same Gun, on November 2016, 2016, and driving the vehicle under the influence of alcohol, such as walking a vehicle, driving the vehicle under the influence of alcohol, and driving the vehicle under the influence of alcohol, such as walking the vehicle, driving the vehicle from the parallel F belonging to the above police station, driving the vehicle under the influence of alcohol.

There are reasonable grounds to determine a seal, and the same day was demanded from 20:23 to 21:06 of the same day to respond to the measurement of drinking alcohol by inserting the whole breath in three times on the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유...