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(영문) 대전지방법원 논산지원 2013.07.26 2013고정39
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On February 4, 2013, at around 21:24, the Defendant, while driving a C Freight Vehicle while drinking alcohol, continued to cross-section the 112 patrol vehicles in front of the Docul in the Docul in the Docs of Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

In relation to this, the Defendant was demanded to respond to the alcohol testing by inserting the d Zone E belonging to the said patrol vehicle, and the police officer F, moving to the D Zone Office, and inserting the d Zone Office on February 4, 2013 from around 21:42 to about 30 minutes on February 4, 2013.

At the time, there was a reasonable reason to recognize that the defendant was driving under the influence of alcohol, such as smelling, string, red, and stringing.

그럼에도 피고인은 자신이 폐결핵환자라고 하면서 혈액채취를 요구했다가 다시 피가 아까워서 동의하지 않는다는 변명을 하고 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police suspect interrogation protocol against the accused;

1. The defendant asserts that he forced him to go to the D Zone Zone by E and F, and that he responded to the measurement of alcohol by making the above police officer's statement that "if he has made a statement that he has drinking, he will be mitigated, the punishment will be mitigated." The defendant asserts that he responded to the request for measurement of alcohol by inserting the oral statement of a drinking driver, blood collection statement, blood collection statement, field photograph, control statement, or video.

However, there is no contradiction between the witness E's legal statement about the situation until the defendant is required to respond to the drinking test, compared with the specific and different evidences.

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