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(영문) 대구지방법원 영덕지원 2017.05.12 2017고단62
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2017, from around 03:00 to around 04:30 of the same day, the Defendant, while under the influence of alcohol at around 04:40 of the same day, was driven by E-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the Defendant driven a drinking, such as: (a) at the front point of the intersection of the above death at around 05:15 on the same day; (b) from G police box G, who was dispatched after having received a traffic accident report, the Defendant driven a drinking, such as the following: (c) the Defendant caused a traffic accident; (d) the traffic accident; and (e) the flow of sound and detention; and (e) red red marking, etc., which means a drinking

There is a considerable reason to suspect, and it was demanded to respond to the measurement of drinking by putting the breath in a drinking measuring instrument.

Nevertheless, the Defendant did not put the body part as soon as the drinking measuring instrument into the body part, and avoided the demand from the police officer to respond to the drinking measurement at intervals of 10 minutes at intervals of the second 10 minutes, even though he was demanded by the above police officer to respond to the drinking measurement by the above method, thereby failing to comply with a police officer’s request for the drinking measurement

Summary of Evidence

The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order of Article 55(1)3 of the Act on the Reduction and Exemption of Small Amount of Punishment under Article 148-2(1)2 and Article 44(2) of the Road Traffic Act on the criminal facts subject to the law applicable to the defendant's legal statement traffic accident report, actual traffic accident report, accident scene report, accident scene photo, drinking driving control report, driver's circumstantial statement report, driver's license register, driver's license register, internal investigation report, internal investigation and attached materials is that it is impossible to control drinking itself.

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