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(영문) 대구지방법원 김천지원 2018.10.10 2018고단347
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

On March 22, 2018, the Defendant driven alcohol by the Defendant while towing the towing vehicles E and in sight, while driving the D Poter in a section of about 800 meters, while driving the D Poter in front of the Gu-Si B on the front of the Gu-U.S. road, around 2, 2018, while driving the D Poter on the front of C.

The police called out due to the doubtful E 112 report.

At around 21:40 on the same day, the Defendant was driven under the influence of alcohol, such as a police officer at the Defendant’s house located in the Gu-U.S., where he received the said report at the Defendant’s house located in the Gu-U.S., and was dispatched, a vehicle was parked in the Defendant’s residence, and the Defendant was driven under the influence of alcohol, such as drinking at a drinking-free season, driving a light on the face.

Despite the fact that there are reasonable grounds to determine a person, the police officer failed to comply with a request for the measurement of alcohol without justifiable grounds, even though he/she was requested to comply with the measurement of alcohol by inserting the measuring instrument four times from March 22, 2018 to March 22, 2018, by inserting the measuring instrument four times.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H and E;

1. Some statements made against the defendant during the police interrogation protocol;

1. All on-site photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

1. Determination on the Defendant and defense counsel’s assertion under Article 186 of the Criminal Procedure Act concerning the costs of lawsuit

1. Any person who has driven a drinking by driving his/her vehicle only after the reaction of drinking at the outlet of his/her argument;

have reasonable grounds to determine that there is a reasonable

shall not be deemed to exist.

The police taken a house without the defendant's explicit consent.

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