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(영문) 창원지방법원 2016.09.20 2016고단660
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On January 4, 2016, the Defendant driven a vehicle of 1870 Hyundai Amak apartment at the front parking lot of 101, 1870 Hyundai Amak apartment at around 22:30, Kimhae-si, Kim Jong-si, and parked there.

D) Around 23:30 the same day, after receiving an accident from the owner of the above-mentioned vehicle, the upper right part of the motor vehicle and notifying the said apartment security guard of the accident, and returned to him/her, he/she is in contact with the owner of the above-mentioned motor vehicle, but he/she is under the influence of alcohol, and the substitute driver was in an accident.

The argument was asserted.

Accordingly, upon receiving the report of E, G et al. from the F District Police Station in the Kim Sea on January 5, 2016 to the above parking lot on around 00:40 on January 5, 2016 and investigating the circumstances of the accident against the defendant; however, the defendant was able to bread while under the influence of alcohol and the substitute driver was involved in the accident.

In order to confirm the circumstances of the accident through the black image attached to the above-to-pured vehicle, the contact point of the vehicle was not known, and the vehicle was voluntarily accompanied to the police station.

Since then, even though the Defendant confirmed the occurrence of an accident at the above police station, he continued to drive the vehicle under the influence of alcohol by continuously raising the words above.

On January 5, 2016, from around 02:19 on January 5, 201 to around 02:54 on the same day, a police officer in charge was requested to respond to the measurement of alcohol by inserting the measuring instrument into four minutes during the period from around 36 minutes to around 02:54 on the same day.

Nevertheless, without justifiable grounds, the defendant did his/her behavior with his/her hand floor of drinking, such as saving the breath, driving the breath, etc., and did not comply with a police officer's request for drinking

Summary of Evidence

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

1. Some of the witness K’s legal statement;

1. Statement made by the police for E;

1. E statements;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Voluntary consent to accompany;

1. Each defense counsel shall be the police with photographs.

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