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(영문) 대전지방법원 2014.11.19 2014고단3039
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On July 30, 2014, at around 00:46, the Defendant: (a) driven the front road of the Daejeon Seo-gu D while drinking alcohol; and (b) concealed the part of G 4.5 tons truck parked in the above place.

Therefore, it was demanded from Hro to the traffic survey supervisor of the Busan Police Station where the traffic accident was reported, and there were reasonable grounds to recognize that the defendant was in a large snife, snife, red, and drive under the difficult condition of normal walking at the site of the accident at the time of the accident, and that the defendant was in a manner of inserting the respiratory using a snife for about 44 minutes during the period from 01:12 to 01:56 on the same day, which was demanded from H to the traffic survey supervisor of the Busan Police Station at the time of the accident.

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds by continuously demanding the Defendant to keep upboards of the road, avoiding the measurement while moving away from the road and keeping the measuring instrument in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the accused's statement, I's statement, and J's statement;

1. A report on detection of a host driver;

1. A survey report on traffic accident, an accident photograph, or a photograph refusing to measure alcohol;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition for the reasons above, such as the fact that there is a career of being punished for a crime of the same type as the reasons for sentencing under Article 62(1) of the Criminal Act (two times a fine) and a reflection against it;

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