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(영문) 대전지방법원 천안지원 2020.04.21 2019고단2566
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 12, 2009, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on March 12, 2009, and was issued a summary order of five million won for the same crime by the same court on September 4, 2013.

The Defendant, at around 14:51 on August 30, 2019, was driving a D car on the front of the C convenience store located in Asan City, on the 112-round 14:51, while driving the D car on the road in front of the C convenience store located in Asan City, and received a report, and had reasonable grounds to recognize that the Defendant driven the D car under the influence of alcohol, such as smelling and smelling on the face of the Asan Police Station, and making it possible to recognize that the Defendant driven the vehicle under the influence of alcohol, but failed to comply with the measurement of alcohol by a police officer for about 15 minutes without justifiable grounds.

Summary of Evidence

1. Legal statement of witness E;

1. The results of the CD reproduction by this Court;

1. Results of the fact-finding inquiry and reply to the F Hospital of this Court;

1. Partial statement of the police interrogation protocol of the accused;

1. G statements;

1. Investigation report, report on the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and register of the user of the measuring instruments for drinking alcohol, respectively;

1. On-site photographs;

1. Previous convictions in the judgment: Criminal records, investigation reports (the same kind of records) and defense counsel do not require the defendant to drink and drive alcohol, but the defendant has long been unable to keep the hidden for health reasons, and they deny the facts charged;

According to the evidence, 112 reports were received to the effect that the defendant is running a drunk driving, and the horse E was called out on August 30, 2019, and the defendant demanded a drinking test on August 14:51, 2019. At the time, the defendant was snicking, and the defendant was a drinking-free driver due to drinking-free driver, four soldiers inside the defendant's vehicle at the time, and one of them was opened, and the defendant was in the front CCTV video.

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