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(영문) 대전지방법원 2013.06.26 2013고단1640
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a driver of the vehicle B with low-speed.

On March 7, 2013, the Defendant, while under the influence of alcohol around 04:29, driven a deep-dong bridge in the Dong-dong, Daejeon-gu, Daejeon-gu, with the foregoing car, caused an accident, such as opportal flacing.

Accordingly, police officers who were called upon the accident report have taken the face in red and smelled at the site of the accident, and the unfold distance was viewed as the defendant.

Therefore, around 04:29 on the same day, Daejeon East East Police Station, a slope D belonging to the traffic survey department of the Daejeon East Police Station within the C Zone, which has a reasonable ground to recognize that he/she had driven under the influence of alcohol for the above reasons, requires the defendant to take a drinking test three times from that time to that time.

Nevertheless, the defendant did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the result of crackdown on drinking driving;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and Article 148-2 (1) 2 of the Act on the Selection of Criminal Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Special Consideration, such as the fact that the mistake of one's own will is recognized and reflected);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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