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(영문) 대전지방법원 2017.06.29 2017고단944
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 11, 2017, the Defendant: (a) driven a car in front of the Daejeon Middle-gu, Daejeon; (b) while driving the said car, there was an error and vision of the FF driving that followed the said car; (c) the Defendant driven a car under the influence of alcohol, such as a breath of drinking alcohol, a breath of drinking alcohol, and a breath of drinking alcohol, an inaccurate, inaccurate, and an irregular distance, while driving the car in front of the said car in front of the said Daejeon.

In order to arrest a flagrant offender in violation of road traffic law (driving), to arrest a flagrant offender in violation of the same day, to be brought into G districts located in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 16:35 on the same day, and to respond to a drinking test by inserting approximately four times for about 30 minutes at that place, but did not comply with a police officer's request for a drinking test on the ground that he/she did not drink.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to report internal accidents, written records of enforcement, notification of the results of crackdown on drinking driving, report on the situation of a driver driving, a suspect's vehicle, a driver's vehicle, a refusal to measure drinking, a driver's moving route, and arrest and report

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant, the defendant, and the defense counsel under Article 62-2 of the Criminal Act regarding the observation of protection and the order to provide community service and attend lectures

1. The gist of the assertion is that the police officer arrested the Defendant as the current offender of the violation of the Road Traffic Act (driving alcohol), but the above arrest of the Defendant did not meet the requirements for arresting a flagrant offender against the violation of the Road Traffic Act (driving alcohol) and did not immediately notify the Defendant in the course of arrest. Therefore, the police officer did not immediately notify the Defendant of the principle that he did not take place.

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