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(영문) 대구지방법원 서부지원 2013.12.10 2013고단1334
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

Around 22:40 on October 17, 2013, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes on the face of the Defendant while driving a drinking bb in front of the monthly market in the Seogu-gu, Daegu-gu, Daegu-gu, and the traffic safety department slope C of the traffic safety department of the Daegu-gu police station to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, etc. while driving the bbridge in a drinking condition, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act (Refusal of measurement), and report on the circumstantial statement of a host driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

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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