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(영문) 대구지방법원 상주지원 2014.08.12 2013고단347
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 10:00 on November 27, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a D C-owned car at approximately 9km section from the 9km section to the C-owned cafeteria restaurant located in the E-dong Ri of the same city at the dwelling of C located in B without a driver’s license.

2. Around 10:00 on November 27, 2012, the Defendant violated the Road Traffic Act (i.e., refusal to measure the drinking level). Around 10:00, the Defendant divided the Category C into one disease in the residence of the said C, and went to the above Cheongju cafeteria cafeteria cafeteria cafeteria. On the same day, the Defendant driven the said vehicle to the extent of 2 meters while driving the said vehicle while driving the said vehicle in the restaurant parking lot.

At this time, the Defendant was the police officer who was under the influence of alcohol to shock other vehicles and assault C while driving the above vehicle, and C, upon receiving a report, demanded the police officer who was called for, “I am under the influence of alcohol to drink and drive alcohol from B to this point, I am under the influence of alcohol, I am under the influence of the vehicle and am under the influence of the vehicle. I am under the influence of the driver at the time when I am under the influence of alcohol. I am under the influence of the driver while I am under the influence of alcohol. I am under the influence of alcohol. I am under the influence of alcohol in light of the following reasons: (a) the Defendant’s speech state at the time is divided, the walking state is clear, and the blood color is red, and “I am under the influence of alcohol only once.” (b) At around 13:27, around 13:37 and around 13:45 on the same day, I am under the influence of alcohol.

Nevertheless, the Defendant avoided a method of not breathing, and did not comply with a police officer’s request for a sobreath test without justifiable grounds.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The circumstantial report of a host driver (around 17 pages of investigation records);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;

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