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(영문) 대구지방법원 서부지원 2015.12.16 2015고정726
도로교통법위반(음주측정거부)
Text

The defendant shall be innocent.

Reasons

1. On June 22, 2015, the Defendant did not comply with the demand of the police officer to respond to the alcohol alcohol measurement by inserting the breath in the street on the street in Daegu-gu, Daegu-gu, without wearing a safety cap, while driving a motorcycle, and there are reasonable grounds to recognize that the Defendant: (a) driven a motorcycle while driving the motorcycle without wearing a safety cap; and (b) under the influence of alcohol, the Defendant was in compliance with the demand of the police officer to respond to the alcohol measurement by inserting the breath in the manner of putting the breath in a drinking measuring machine three times at around 16:59, around 17:09, around 17:19, and around 17:19 on three occasions, without justifiable grounds.

Accordingly, the defendant did not comply with the blood alcohol measurement by a police officer, as a person with reasonable grounds to recognize that he was driving a motorcycle while under the influence of alcohol.

2. Determination

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