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(영문) 대구지방법원 서부지원 2014.09.04 2014고단898
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 February 25, 2014, the Defendant was required to respond to a drinking test by inserting approximately 20 minutes of the alcohol measuring instrument into a drinking measuring instrument for about 20 minutes, on the ground that there are reasonable grounds to suspect that he/she was driven under the influence of alcohol, such as smelling and smelling on face, while driving a BG-do motor vehicle from a slope C belonging to the Police Station of the Gyeongbuk-do Police Station of the Gyeongbuk-do Police Station, which was within the scope of 21:10 on February 25, 2014.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Photographs (three times the week measurement);

1. A report on the situation of an employee of an employee of an employee of an employer, a written report on an employee of an employee, and a correction certificate;

1. Written statements, one copy of a photograph refusing to measure drinking, one CD of CCTV images related to the refusal to measure drinking, and a criminal investigation report (Attachment of a photograph by capturingCCTV images);

1. The application of Acts and subordinate statutes to investigation reports (a copy of the ledger using sound measuring instruments);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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