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(영문) 대구지방법원상주지원 2020.09.07 2020고단115
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 13, 2008, the Defendant was sentenced to six months of imprisonment with prison labor, two years of suspended execution, and two years of suspended execution as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving) in the resident support by the Daegu District Court on November 13, 2008.

【Criminal Facts】

On December 11, 2019, the Defendant received a report to the effect that “A person who drives a drinking house” at a C cafeteria located in B at the time of permanent stay at around 15:12, and there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as: (a) the Defendant snowing and snowing from E in the area located in the resident police station D District of the resident police station called out; (b) the Defendant was in a state of drinking; and (c) the Defendant was demanded to comply with a drinking test by inserting the breath of a drinking measuring instrument over about 20 minutes from the aforementioned date and time to 20

Nevertheless, the Defendant did not comply with a police officer’s demand for a measurement of alcohol without justifiable reasons, such as “I ambling, I ambling, I ambling, I ambling, I ambling I ambling, I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I ambling I am

Therefore, despite the fact that the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol, the defendant violated Article 44 (2) of the Road Traffic Act which prescribes the duty of measurement of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1.The police of F. F.

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