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(영문) 부산지방법원 동부지원 2014.04.23 2014고단214
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 21, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on February 5, 2013.

【Criminal Facts】

1. On January 12, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.108% from the 30-meter section before the dynamic Public Security Center located on the Maritime Transportation in Busan, Daegu, on January 12, 2014, around 09:53, the Defendant driven a DNA benz car while under the influence of alcohol with a blood alcohol content of about 0.108% from the 30-meter section to the road before the dynamic Public Security Center located on the Maritime Transportation in Busan, Daegu.

2. On January 29, 2014, the Defendant driven a vehicle as set forth in paragraph (1) in the state of alcohol alcohol concentration of approximately 0.201% from the 1km section to the front road of the Geumdo-dong located in Busan Metropolitan City, which is around 11:40 on January 29, 2014, in a state of under the influence of alcohol with a blood alcohol concentration of about 0.201% from the 1km section to the front road of the Geumdo-do-dong in Busan Metropolitan City.

3. On February 3, 2014, at around 04:15, the Defendant: (a) driven a car as stated in paragraph (1) in the direction of approximately 200 meters from the section of 200 meters up to the Handok-dong hotel in the Busan High Do-dong, Busan High Do-dong; (b) driven a car on the road to drink the car on the road; and (c) got the FSS car volume parked on the road.

The Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes in a drunken manner, such as drinking and smelling to the Defendant from a slope H belonging to the Busan Coast Guard G Zone G Zone of the Busan Coast Guard, which was called out after receiving a report that a vehicle was stopped on the road as above, but the Defendant was demanded to comply with a drinking test by inserting it into a drinking measuring instrument over 30 minutes, but the Defendant argued that there was no vehicle driving, and avoided this, and did not comply with a police officer’s request for a drinking test

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Statement of the police officer to I;

1.Each.

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