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(영문) 대전지방법원 2013.12.13 2013고단3833
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On August 4, 2013, the Defendant was required to comply with a drinking test by inserting alcohol in the manner of drinking, such as drinking alcohol, drinking on the face, reding, and drinking distance from around 19:29 to 20 minutes of the same day, on the ground that there is a reasonable ground to recognize that the Defendant was under the influence of alcohol, after receiving a report to the effect that the Defendant is under the influence of alcohol on the roads of the Douridong-dong 921, Seo-gu, Seogu, Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon. In addition, the Defendant was required to comply with the drinking test from around 19:29 to around 20 minutes of the same day by inserting the drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant, at the above date, at the above time and place, is required to take a drinking test by the victim D as above, and the victim’s “Chewing guilty” is being observed by many and unspecified persons.

not raising land

E. The victim publicly insultingd the victim by speaking at a large sound called “a sing.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Complaints filed by each police officer's statement against D and E, recording contents, enforcement records, entry reports into the main driver's license, report on the situation of the main driver's license, hearing of the reporter's statement, and confirmation of the contents of 112 years old at the time of dispatch;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Refusal of measurement of alcohol: Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act;

(b) Defation: Article 311 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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