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(영문) 부산고등법원 2014.04.09 2013노500
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving of C-si vehicles.

On December 1, 2012, the Defendant: (a) 07:10 on December 1, 2012, 2012, the Defendant was able to drive under the influence of alcohol on the street in front of the Busan High School D Elementary School located in Busan High School; and (b) received a report from G in the circumstances where the Maritime Police Station Facspiced the victim, who was called for the accident, requested the victim to make a statement about the circumstances of the accident; and (c) was able to walk the victim’s face; and (d) the victim was walked,

Accordingly, the defendant interfered with legitimate execution of duties in the suppression and investigation of the victim's crime.

B. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant

On the grounds that there are reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as the Defendant’s face while drinking at a police station located in Busan Shipping Daegu D, the police station was required to comply with the measurement of alcohol three times at around 07:39 on the same day, around 07:50 on the same day, around 07:50 on the same day, around 08:02 on the same day.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

2. In full view of the evidence as indicated in the judgment below, the court below found the following facts: (a) around 06:50 on December 1, 2012, the Defendant was showing that the Defendant driven his own personal taxi vehicle and shocked the H’s vehicle that was exposed to and parked in the H; (b) the 112 report was defective to the effect that the H was “the person who driven a drunk driving vehicle in front of the E Elementary School,” and (c) the H was “the person who driven a drunk driving vehicle in front of the E Elementary School,” the police officer assigned to the Maritime Police Station F Police Station in the Maritime Police Station, G was dispatched to the scene pursuant to the 112 report, and G was a police officer assigned to the Maritime Police Station in the Maritime Police Station, and G, etc. who was trying to escape from the scene immediately after the dispatch

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