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The defendant shall be innocent.
Reasons
1. On March 20, 2013, the Defendant: (a) around 00:20 on March 20, 2013, while drinking the road front of the wife population protruding-si, the Defendant is driving a bandon car with C Californiaropo in a state of drinking.
On the other hand, there was a considerable reason to recognize that a person was driving under the influence of alcohol by drinking, such as smelling, drinking, and ruptureing, etc. from the Jindong Police Station Down Police Station Down, at all times, after the occurrence of traffic accidents, the person was sent to an emergency room of the Revening Hospital, and the person was demanded to respond to the measurement of alcohol by inserting the whole breath for about 30 minutes.
그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
2. The Defendant and his defense counsel had no intention to refuse to take a drinking alcohol test because the Defendant had his head at the time of receiving a request for the measurement of drinking alcohol as stated in the facts charged and had no intention to do so.
3. The following facts or circumstances acknowledged by the records of the instant case, namely:
A. The Defendant, as a traffic accident stated in the facts charged, committed an injury to the head of a branch hospital, was escorted to the emergency department of a branch hospital. At the time, F, a doctor who treated the Defendant in the above emergency room, was obstructed by communication between the Defendant, and at the same time, was given according to the instructions given by the Defendant, such as “a patient who can enjoy it only” in the process of treatment, such as furning, etc., and in the case of the Defendant, the Defendant did not have any awareness of complying with such instructions, so that the sum of furns was delayed, and CT photographing was also delayed because the Defendant did not properly cooperate with the head of the Defendant to check whether there was a external wound
B. It is stated that the defendant's consciousness was mixed even in the fire fighter's first-aid services prepared at the time of the instant case;
(c) the site at that time;