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(영문) 대구지방법원 영덕지원 2017.10.25 2017고단174
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 24, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling the Defendant from the border E, etc. called D while driving a motor vehicle, after receiving a report on D's 112 that a person under the influence of alcohol was driving a motor vehicle by a breag on the front side of the Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City on June 24, 2017.

If there are reasonable grounds to determine a person, it is demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times from around 21:05 to around 21:20 of the same day, but "I have not driven".

F. He did not comply with the measurement of drinking, such as driving a drinking measuring instrument with left hand, and did not comply with the measurement of drinking without justifiable grounds.

Summary of Evidence

The Defendant’s legal statement: (a) the Defendant’s report on the circumstances of the driver at driving, notification of the results of the driving of alcohol control; (b) the vehicle driver’s report; (c) the vehicle driver’s report; (d) the vehicle driver’s report; (d) the vehicle driver’s report; (e) the investigation report (related to the identity of the suspected suspect); (e) internal investigation report; (g) internal investigation report; (d) internal investigation report; (e) internal investigation report; (e) internal investigation report; (g) internal investigation report; (d) internal investigation report; and (e) the criminal facts subject to the application of the relevant Acts and subordinate statutes and subordinate statutes; and (e) the pertinent provision of Article 148-2(1)2 and Article 44(2) of the Alternative Traffic Act (le) of the Road Traffic Act; and (e) the provision of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3; and (e) the Defendant again refused the driver’s license of drinking by taking account of the reason of traffic safety regulations.

However, the defendant's mistake.

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