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(영문) 대전지방법원 천안지원 2014.07.10 2014고단634
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On March 18, 2014, at around 1:27, the Defendant: (a) while driving a motor vehicle with B in the vicinity of a new pedal road that is located in the new eths of Asan Sinsi; (b) while drinking on the road in the vicinity of a new pedal road, there are reasonable grounds to recognize that the Defendant was drunk, such as smelling and smelling on the face, etc.; and (c) at around that time, the Defendant was demanded to comply with the measurement of alcohol by stopping the said police box into a drinking measuring instrument for about 30 minutes from E, to which the said police box belongs.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to on-site photographs, host drivers, timely departure reports, reports on the state of drinking drivers, records on the use of drinking measuring instruments, investigation reports, copies of arrest reports on incidents, photographs, and criminal investigation reports (F telephone conversations for reference);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the cases where a person commits an error and a violation of the provisions of Article 62 (1) of the same Act)

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