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(영문) 대전지방법원 서산지원 2015.02.26 2014고단970
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2014 Highest 970] On August 7, 2014, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument four minutes in total for 34 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling from the slope E belonging to the Docs of the Seosan Police Station, while driving a Category C truck while drinking alcohol on the road near the Dogdong-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without any justifiable reason, by avoiding entering the part of the drinking-free measuring instrument.

[2015 Highest 31]

1. On October 24, 2014, at around 16:30, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant was required to respond to the measurement of drinking in a manner of inserting alcohol in total three times from around 16:33 to 16:53 on the same day, while driving C freight cars while drinking in front of the Eup/Myeon/Eup/Myeon located in the front of the Eup/Myeon/Dong-gu, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant was under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, and drinking, from the slopeF affiliated with the Assistant F of the Seosan Police Station D police Station, while driving the C freight cars in front of the Eup/Myeon/Dong-dong office in front of the Eup/Myeon.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

2. Violation of the Road Traffic Act (Non-licensed driving) provided that the Defendant driven C cab at a section of about 300 meters from the street in front of the marina restaurant located in the Tae-gun, Tae-gun, Chungcheongnam-do to the street in front of the Eup/Myeon office located in the same Ri, without obtaining the driver’s license, at the end of about 300 meters.

Summary of Evidence

[2014 Highest 970]

1. Defendant's legal statement;

1. Statement of drinking control, and statement of the situation of a drinking driver;

1. Control photographs (2015 Godan31);

1. The defendant;

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