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(영문) 대구지방법원 김천지원 2017.02.02 2016고단1210
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 July 26, 2016, at around 06:15, the Defendant: (a) entered the top of the wind, which is beyond 125cc c, while driving on the front side of the D, which is located in the Gu-U.S. Si, for the reasons that he could not know; and (b) sent it back to the emergency room of the Gu-U.S. Hospital in the same city.

At around 07:39 on the same day, the Defendant driven the above lebane while under the influence of alcohol by the Defendant, such as, from F of the police station belonging to the Gu-U.S. police station, the Defendant’s face with red, smelling, and drinking alcohol by drinking alcohol, etc., who was dispatched after receiving a traffic accident report at the above emergency room.

There are reasonable grounds to determine a person, which was demanded from around that time to around 07:59 to respond to the measurement of alcohol by inserting about about 20 minutes abstinence measuring instrument three times.

However, the Defendant avoided this and did not comply with a police officer’s request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police in relation to G;

1. Copy of the report on the circumstances of the driver's license in driving and the ledger using the drinking instruments;

1. A medical certificate;

1. cd;

1. The defendant's assertion as to the defendant's report on internal investigation (as to on-site circumstances) and report on internal investigation (as to refusal to measure drinking), the defendant's assertion was put to the maximum extent, but it was merely an accident due to the accident, and thus, it was impossible to properly measure it, and thus, it cannot be viewed that the police officer's measurement on drinking was

In a case where it is difficult or very difficult to measure a pulmonary measuring instrument due to a driver's physical malfunction, etc. or where a driver requests a measurement from the beginning of the pulmonary measuring instrument with respect to blood collection, etc., he shall omit the procedure for the measurement by the pulmonary measuring instrument and proceed to the measurement by the blood collection. In this case, in the same case, he does not comply with the pulmonary measuring instrument.

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