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(영문) 대전지방법원 2017.05.25 2017고단540
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 22, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling red light on the face, while driving a motor vehicle in front of the Jung-gu Daejeon Special Metropolitan City (Seoul Special Metropolitan City) on September 22, 2016, while driving a motor vehicle under the influence of alcohol, from a slope F belonging to the Daejeon Special Metropolitan City Police Station E-gu, Daejeon Special Metropolitan City, the Defendant driven the motor vehicle under the influence of alcohol.

Due to reasonable grounds to determine a person, the same day was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes a total of 30 minutes between around 09:02 and around 09:12, around 09:2, around 09:22.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰관의 음주 측정요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (Non-licensed Driving) driving a motor system within a range of about 300 meters from the central market located in the Dong-dong, Daejeon-gu, Daejeon-gu, without obtaining a bicycle driver's license, to the human bridge located in the same Dong-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The police officer F and G, who observed a violation of traffic laws and regulations, such as notification of the results of crackdown on drinking, report on the situation of the driver driving, report on the occurrence of the case, arrest report on the occurrence of the case, measurement of drinking, vehicle driver's license register [the defendant and his defense counsel], despite the defendant's best effort to measure drinking, although the defendant respondeds to the measurement of drinking, the drinking level was not measured as it was impossible to properly measure the breath due to the decline in the breath, etc. due to the old age and the invasion, and do not refuse to measure drinking intentionally. However, according to each of the above evidence, according to each of the above evidence, the police officer F and G, who observed a witness of a violation of traffic laws and regulations by driving the breath while driving the breath, stopped, etc., suspended the b

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