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(영문) 대전지방법원 2016.11.29 2016고단2624

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 1, 2015, the Defendant was sentenced to a suspended sentence of one year in the Daejeon District Court for a violation of the Road Traffic Act, etc. on April 1, 2015, and the Defendant was issued a summary order of a fine of four million won on September 2, 2013.

【Criminal Facts】

On July 10, 2016, at around 23:20, the Defendant was demanded to comply with the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the road located in the G, which is located in the G, which was controlled by signal violations in front of the D convenience point in the G, E-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of the witness H;

1. Some statements concerning the suspect examination protocol of the defendant;

1. In light of the investigation report, investigation results report, photographing of a suspect's refusal to take a alcohol test, notification of results of the influence of alcohol driving, circumstantial statement report, ledger of the use of the alcohol measuring instrument, and photograph of a drinking measuring instrument (the defendant and his defense counsel asserted that the defendant properly responded to the drinking test and that the drinking test was not performed by the defendant, but the control police officer stated that H, as the control police officer, did not respond to the request for measurement because he did not have the wind or has the wind, and that the drinking measuring instrument used at the time is deemed to work normally thereafter, the defendant refused to take a alcohol test without proper response to the drinking test, and thus, the above argument is not accepted).

1. Criminal facts;

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