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(영문) 광주지방법원 2014.07.17 2014고단1769
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 24, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 13:00, the Defendant driven a C-wing truck at the section of about 20 kilometers from the front of the five-day road located in the Donan-gun, Chungcheongnam-do, Chungcheongnam-do, in the same Donsan-si, via the Hansi-si, Donsan-si, Donsan-do, through the Hansi-si, Donsan-si, Donsan-do, in the same Donsan-do.

2. On April 24, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to stop from a slope E by a police box of the Naju Police Station, which controlled the drinking driving at a certain point while driving the above cargo vehicle and drivinging the road in front of the moving3-distance along the mountain direction at the front of the Doranam-do.

The defendant was required to comply with a drinking test by inserting approximately 20 minutes from E in a manner of inserting the breath of alcohol in a breath under the influence of alcohol on the grounds that there are reasonable grounds to recognize that he was driving while under the influence of alcohol, such as the smelling of alcohol at the time, in-depth, walking, snowing, and galming that he seems to be breathing, and that he was breathing, and that he was driving under the influence of alcohol, but the defendant did not see that the person engaged in farming in the breath of the breath of the breath of the breath of the breath of the breath

Accordingly, the defendant did not comply with a sobreath test of a police officer without any justifiable reason, who has a reasonable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the register of driver's licenses, such as a report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, a report on detection of a motor vehicle

1. Application of each of the visual Acts and subordinate statutes on evidence photographs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, which applies to the relevant criminal facts, the choice of punishment, and the choice of punishment;

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