beta
(영문) 대구지방법원 2018.01.26 2017고정2079

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 4, 2017, around 17:10, the Defendant driven a FM3 car while drunkly under the influence of alcohol to the private village E in front of the same Gu D, and entered the said E house.

At around 17:20 on the same day, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as: (a) the Defendant was fluencing the Defendant’s face from H and the superintendent of the Daegu Southern Police Station G District, who was called up after receiving a report on a drinking driver at the time; (b) the Defendant was flucing the alcohol; (c)

Even if there are reasonable grounds to determine a person who is requested to take a alcohol test on the same day, he/she refused to take a alcohol test on 17:30 occasions on the same day, 17:40 times on the same day, 17:45 minutes on the same day.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A E-document;

1. The occurrence of any case under the Road Traffic Act (driving) and the arrest report on flagrant offenders, the report on the situation of the driver in charge of driving, the investigation report (report on the situation of the driver in charge of driving), the statement of the situation of the driver in charge of driving, the notification of the results of regulating the driving of drinking, the investigation report, each investigation report, the 112 reported case handling table and the application of the Acts

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;