logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.25 2015고단2651
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2015, at around 23:32, the Defendant requested the collection of blood to comply with a drinking test on the D cafeteria located in Seo-gu Daejeon, Seo-gu, Daejeon, to the I Hospital located in Seo-gu, Daejeon, Daejeon, Police Station, where the drinking driver was on duty to control the drinking driver while driving the EF Soon while drinking, the Defendant requested the Defendant to collect blood from the slope G belonging to the Fridge of the Daejeon, the Daejeon, where he was on duty to control the drinking driver while driving the EF Soon under the influence of drinking, and moved the alcohol to the I Hospital located in Seo-gu, Daejeon.

The Defendant did not comply with a police officer’s request for a alcohol alcohol test without justifiable grounds, even though he/she was requested by J of the FJ of the Daejeon Police Station, which was located in the above hospital from around 00:40 on July 18, 2015 to around 01:05 on the same day, to comply with a alcohol test by means of collecting blood from around 35 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Consent to blood collection and the application of statutes confirming such collection;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The Defendant asserts that, at the time, he/she responded to blood collection and asked him/her whether there is a high blood pressure on his/her own while responding to blood collection, and that it would not be possible for a medical personnel to collect blood on the ground that he/she would not collect blood on the ground that he/she would not have any problem in blood collection, and that the Defendant would not refuse to comply with the collection of blood.

Since it is essential to voluntarily cooperate with a driver, whether a breathr is a breathr or a breathr's breathr's breath's breath's breath's breath's breath's breath's breath's test

arrow