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(영문) 대구지방법원 안동지원 2013.07.09 2013고단103
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[2013 Highest 103]

1. On December 20, 2012, the Defendant: (a) driven a B car in the 4km section from a Do near the streets in front of the Ansan Police Station located in the same city, while under the influence of alcohol around 21:10 on December 20, 2012 and under the influence of alcohol of 0.183%; and (b) from a Do near the streets in the same city, the Defendant driven a B car in the 4km section to the front of the Dong Police Station located in the same city

2. Violation of the Road Traffic Act (Refusal of measurement) was discovered by the Defendant on January 16, 2013, at around 02:55, while driving the said vehicle and driving the road in front of a drying boat operating in an abscoping and driving of the said vehicle, it was discovered to the police box D and two others.

At the time, there are reasonable grounds to suspect that the Defendant was under the influence of alcohol by drinking, such as drinking in red, smelling, and experiencing difficulties in walking, the Defendant demanded the first alcohol test by the respiratory tester at around 03:38 on the same day, and the Defendant demanded the same measurement at intervals of ten minutes at intervals of 03:48 and 04:15, but the Defendant failed to comply with the police officer’s demand for the alcohol test without justifiable grounds.

[2013 Highest 275] The Defendant is a person engaging in driving a B car.

At around 22:50 on March 24, 2013, the Defendant driven the said car without a driver’s license and moved the front way of the Daegu Bank located in the roof-dong at the Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

At the same time, since the victim E has stopped the FM car, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operation of the steering system while living well on the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected to do so and received the part of the crime in front of the left-hand side of the said marina car as the right-hand side of the Defendant’s car.

Ultimately, the Defendant shall exchange the front offender by occupational negligence above.

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