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(영문) 대전지방법원 2018.08.23 2018고단859

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2017, at around 15:40 on December 27, 2017, the Defendant: (a) driven a motor vehicle of D-Wing D-Wing to “Fring parking lot”; and (b) driven a motor vehicle in the front of the Defendant’s vehicle by driving the motor vehicle of D-Wing D-Wing to “Fring parking lot”; (c) reported to the police station due to an accident that contacted the GM6 motor vehicle parked in front of the Defendant’s vehicle and controlled the driving of the motor vehicle by drinking; and (d) was driven under the influence of alcohol on December 27, 2017, at the N-Wing Police Station located in the Daesung-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, U.S., the fact that the police box belonging to the relevant police station in the U.S., was inaccurate and unfolded by drinking while drinking it.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in a manner that makes the breath of drinking not less than three times between about 20 minutes.

Nevertheless, the Defendant continued to refrain from taking advantage of a dog and did not comply with a police officer’s demand for drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Statement made to K in the police statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Ten copies of photographs at the scene of the accident, notification of the department related to the report of the case 112, records delivered by the witness, letters arrested a flagrant offender, and estimates;

1. The driver's license ledger;

1. Each investigation report and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion of the defendant and the defense counsel under Article 62-2 of the Criminal Act regarding community service and lecture attendance order

1. The arrest of the alleged defendant in the act of committing the crime is illegal.

The demand for the measurement of drinking in an illegal arrest is also illegal.

2. Determination

A. The current legal doctrine can be arrested by anyone without a warrant.