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(영문) 대전지방법원 논산지원 2020.02.11 2020고단9
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal to take a noise level) is a person engaged in driving a vehicle to cut down B Poter, ultra-spaths, and to cut down the fa

On December 15, 2019, while the Defendant was under the influence of alcohol on the blood alcohol concentration under the influence of alcohol on December 13:47, 2019, the Defendant driven the foregoing cargo vehicle and caused a traffic accident in which the Defendant was under the right side of the E F Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Nevertheless, the Defendant rejected the foregoing police officer’s request for the measurement of drinking alcohol in a manner that does not comply with the drinking test even though he/she was required to take a drinking measuring instrument three times from 14:29 to 14:39 on the same day.

2. Violation of the Road Traffic Act (driving) provides that while the Defendant is under the influence of alcohol without alcohol as described in paragraph (1) above, he/she shall not respond to a request for measurement of alcohol by a police officer dispatched after receiving a report while driving a breath vehicle under the influence of alcohol without alcohol level as stated in paragraph (1) of the same Article, he/she shall not comply with

Nevertheless, the Defendant, at around 15:53 on the same day, driven the poter cargo vehicle described in paragraph (1) above while under the influence of alcohol content of approximately 0.145% from the public land adjacent to Chungcheongnam-si, Chungcheongnam-si to the neighboring road.

Accordingly, the Defendant refused to take a drinking level twice or more and driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Regulation of drinking driving;

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