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(영문) 대구지방법원 2017.12.08 2017고정1024
도로교통법위반(음주측정거부)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged in this case

A. On April 16, 2017, the Defendant refused a police officer’s request for a measurement of alcohol without justifiable grounds, such as refusing to take a measurement of alcohol in a manner that makes it difficult for a police officer to take a measurement of alcohol level at around 03:50 minutes from around 03:50 of the same day to around the G frequency in GF located in the same city, even though he/she driven a H Hasta car at around 100 meters in alcohol, from around 04:53 of the same day to around 05:05.05 of the same day.

B. The Defendant, at the same time and place as the above paragraph A, driven the said car under the influence of alcohol content of 0.057% in blood at the same time and place as above.

2. Determination

A. According to the evidence duly admitted and examined by this Court, the following facts can be acknowledged.

1) From April 16, 2017 to around 03:40 on April 16, 2017, the Defendant, at the trade name “E” located in Sinsan-si, Gain and drinking alcohol.

2) The Defendant, at around 03:50 on the same day, driven a H rocketing car (the Defendant’s attached I), which he brought to, and proceeded with approximately 100 meters section from the foregoing alcohol house to the “G” road located in the Sinsan City. At the vicinity of the foregoing “G” frequency, the Defendant shocked the right side of the pedestrian J, which was coming from the opposite direction to the right side of the said vehicle, in the direction of the opposite part.

3) On the same day, the 112 report related to the said traffic accident was received at around 04:40 on the same day, and the police officers (police officers, etc. belonging to the police station for the Gyeong police station) arrive at the scene of the said accident around 04:50 on the same day.

4) The police officers subsequently requested the Defendant to take a drinking test at around 04:53 on the same day, around 05:00 on the same day, around 05:00 on the same day, and around 05:05 on the same day, but the Defendant also requested the Defendant to take a drinking test at around 04:53 on the same day.

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