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(영문) 청주지방법원 2016.12.07 2016고단2366

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around April 21, 2016, the Defendant violated the Road Traffic Act (refluence of the measurement) (fluence of the alcohol level) followed the front of the guard room 105 Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, while driving the B Trate with alcohol around April 30, 2016.

The defendant at around 21:35 on the same day, and there are reasonable grounds to believe that he was making a drinking test, such as a red and smelling in the entrance, and the defendant did not comply with a drinking test even though he was requested to comply with a drinking test by inserting the breath by inserting the whole breath by E from an slope belonging to the D District of Jincheon Police Station D District, Jincheon Police Station, but he was requested to take a drinking test at least three times from around the same time to 2:05 on the same day.

Accordingly, the defendant did not comply with a police officer's demand for a drinking test without justifiable reasons.

2. The Defendant causing property damage: (a) while driving a tetrap vehicle B at the time and place described in paragraph (1), the tetrap vehicle was faced with the seat of the boundary; and (b) when the tetrap vehicle was removed from the seat of the boundary, the tetrap signboard was destroyed by the “scoping in the complex” sign at the market price of KRW 50,000,000, managed by the Director of the Management Office F.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each police statement of H and E;

1. A written statement of I;

1. Investigation report (Investigation, etc. into the counter party H of the shootingr);

1. Investigation report (in cases of investigation by a suspect on the time moving into a vehicle);

1. Control note, report on the state of driver's standing and statement, and notification of the results of the drinking control;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs taken of each on-site photograph, C Apartment 108, 108, CCTV photographs, and suspect vehicles;

1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and Article 366 of the Criminal Act, Article 148-2 (1) 2 of the same Act, the choice of punishment, and Article 366 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;