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(영문) 대구지방법원 포항지원 2020.02.05 2019고단1499
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 October 11, 2019, the Defendant was required to respond to the measurement of alcohol by inserting the alcohol measuring instruments three times in total, for about 18 minutes, on the road located in the north-gu B at the port, and while driving the D Lasttop car under the influence of alcohol, the Defendant was required to comply with the measurement of alcohol by inserting it into the alcohol measuring instruments three times in total, for about 18 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven the D Latop car under the influence of alcohol from F to the police officer belonging to the Ponding Police Station of the Port and Police Station of the Republic of Korea while driving the D Latop car under the influence of alcohol.

그럼에도 불구하고 피고인은 입김을 불어 넣는 시늉만 하는 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal investigation reports (report on the circumstances of a drinking driver), reports on the circumstantial statements of a drinking driver, and reports on internal investigation (related to the measurement of drinking of a suspected suspect);

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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