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(영문) 대전지방법원 천안지원 2016.12.15 2016고정631

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 31, 2016, at around 00:18, the Defendant was required to comply with a drinking test by inserting the road before drinking a drinking measuring instrument over 30 minutes from around 00:42 on the same day to around 01:02 on the same day, while driving a B-man car under the influence of drinking, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument over 30 minutes from around 00:42 on the same day, while driving the B-man car under the influence of drinking.

Nevertheless, the defendant did not comply with a police officer's request for a sobreath test by refusing to take a sobreath test.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Each entry of the report on occurrence, detection of the report, and the report on the status of the primary driver;

1. Statement and image of the actual condition survey report and field map;

1. Entry of a copy of the ledger on the use of measuring instruments for drinking;

1. Application of the statutes on images of photographic materials;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following facts: (a) the Defendant, even though having been sentenced to a fine twice due to a drunk driving, has driven a vehicle while drinking alcohol and refused to take a drinking test; (b) a traffic accident that shocks the damaged vehicle in the signal signal while driving by the Defendant; and (c) on the other hand, the Defendant has no record of criminal punishment exceeding a fine and recognized the crime, and the Defendant has no record of criminal punishment and reflects it; and (d) the Defendant’s age, character and conduct, and environment,