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(영문) 대구지방법원 김천지원 2018.08.28 2018고정222

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On May 23, 2018, the Defendant was under the influence of alcohol from approximately 500 meters to the front road of the D cafeteria located in the Gu-Si, Gu-Si, Gu-Si, Gu-Si, Gu-Si, Seoul on May 23, 2018, while driving EVL125 124cc c c, which was parked there.

Due to the occurrence of an accident caused by the Defendant’s front front part of the vehicle, the driver was driven under the influence of alcohol by the Defendant, such as sniffing, smelling, sniffing, and sniffing with a large face of the Defendant from the G police box and one other, dispatched to the scene.

There is a reasonable reason to determine the person, and even if the person received a demand for the measurement of alcohol for about 15 minutes from around 08:23 to around 08:38 of the same day, he/she did not comply with the police officer's demand for the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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;