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(영문) 대구지방법원 포항지원 2017.02.15 2016고정515

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car with a body in B.

On May 15, 2016, the Defendant 1:03:34 at the D restaurant located in Northern-gu C at the port of port on September 15, 2016, the Defendant used approximately 1 km from the front of the day before the port of port to the road in front of the branch church at the port of port of port.

The Defendant, at around 03:52 on the same day, driven the said car under the influence of alcohol by drinking, such as smelling the Defendant from G District Station G District H in the Northern Port Police Station G District, where he/she arrived at after receiving a report at the E F convenience store in the same day.

There is a substantial reason to determine a person, who is requested to comply with a drinking test by inserting the breath of a drinking measuring instrument into the breath of it, and is transferred to G on the same day as the second, second, third, third, and fourth, and fourth, the same day of the same day, and fourth, requested to comply with a drinking test in the same manner as that of the breath of it.

Nevertheless, the defendant avoided this and rejected a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to I by the police;

1. Written Statement;

1. Statement of the circumstances of the driver who is placed in driving, and confirmation of a person who refuses to comply with drinking;

1. Photographs related to refusing to measure drinking;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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;