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(영문) 대구지방법원 영덕지원 2017.09.13 2017고단190

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

On June 11, 2017, the Defendant, at around 16:05, driven alcohol while drinking in about 4 km from the front of the “Korea Republic of 24 Sinlle in the territorial sea,” located within the territorial sea of the Young-gun, Chungcheongnambuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, to the front of D in the territorial sea of the 16:05, and entered the said D.

A driver under the influence of alcohol, such as smelling and smelling on the face of the Defendant from F, etc. of the police box affiliated with the police box belonging to the Police Station E of the police station in Yeongdeungpo-gu, Seoul, who was called up after receiving a report of 112 from the time he was fluoring a disturbance, etc.

In order to respond to the measurement of drinking alcohol by inserting the whole in four times from around 15:31 to around 16:05 of the same day on the same day due to reasonable grounds to determine a person, however, he/she did not drive alcohol.

The reason why should be why is.

“A police officer’s request for the measurement of alcohol is not complied with due to the failure of a police officer to comply with the measurement of alcohol, such as making a sound, saving a drinking measuring instrument in his/her hands, etc.

Summary of Evidence

The defendant's legal statement G, H's statement statement report, 112 case reporting department, inquiry into the results of crackdown on drinking driving, vehicle driver's license register, vehicle accident investigation report (on-site situation at the time of crackdown), internal investigation report (on-site situation at the time of crackdown), internal investigation report (in case of attaching photographs related to refusal to measure drinking violations of the Road Traffic Act), internal investigation report (in case of attaching photographs related to refusal to use a drinking measuring instrument), and criminal facts subject to each of the attached Acts and subordinate statutes, relevant provisions of the Act and subordinate statutes, and Articles 148-2(1)2 and 44(2) (p) of the selective Road Traffic Act (the selection of punishment), and Articles 70(1) and 69(2) of the Criminal Procedure Act (the order of provisional payment order), and all of the circumstances, motive and circumstances of the defendant's crime, as follows:

Conditions disadvantageous to him: