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(영문) 대구지방법원 경주지원 2015.09.02 2015고단490
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

1. On April 28, 2015, the Defendant: (a) driven a Clocking car under the influence of alcohol of about 10 meters in a section of about 0:137% of blood alcohol concentration from the 10m to the clock distance in the same clock drive the Clocking car in the state of under the influence of alcohol.

2. On April 29, 2015, the Defendant, as described in paragraph (1), was under the control of the charge of drunk driving as stated in paragraph (1), and was under the influence of alcohol, on April 29, 2015, the Defendant was under the control of the charge of drunk driving, on the road front of the Eju shop located in Sin-si, Sin-si on April 29, 2015.

Accordingly, in response to the above G's voluntary operation demand, the Defendant was demanded to comply with the alcohol testing method by inserting approximately 40 minutes a total of three minutes from around 01:55 of the same day to around 02:35 of the same day after moving from the above G to the above F zone in Dongcheon-dong, Dongcheon-si.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. A report on detection of suspected victims of violation of the Road Traffic Act (driving) and a report on detection of a drunk driver, a report on detection of a drunk driver, a statement on circumstantial statement, a statement on blood collection, a statement on appraisal request, an appraisal report on blood alcohol concentration, a primary exposure report, a report on drinking drivers, a circumstantial report on drinking driving, a report on the situation of drinking drivers, a notification of the results of the control of drinking alcohol driving, a notification of investigation (in respect of attachment to the ledger of the use of a drinking measuring instrument and a photograph of refusal to measure drinking), two copies of photographs, a copy of the ledger of use of a drinking measuring instrument, an investigation report (in respect of the enemy's circumstances and refusal to measure), and

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