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(영문) 대구지방법원 포항지원 2016.04.20 2015고단1204
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2015, the Defendant was under the influence of alcohol, such as smelling alcohol from E by a police officer who belongs to the police station of the Port of the Republic of Korea, while driving a lurbed vehicle C while drinking in a 68 Swiss-ro 40 Switzerland-ro 40, North-gu, North-si, North-do, Mapo-ro, Mapo-ro, Mapo-gu, Mapo-ro.

Since there are reasonable grounds to recognize it, it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes of the drinking measuring instrument voluntarily accompanied by a police box of the police station of the port north of the port north of Korea located in F of the port north-gu at port.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Each legal statement of witness E, G and H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Photographs requested to take the measurement;

1. The ledger using sobling measuring instruments;

1. Application of the Acts and subordinate statutes to identify and report on the violation of traffic laws on roads, report on the circumstances of drivers of drinking, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking driving;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that there is no record of criminal punishment other than the previous offense of a fine twice);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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