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(영문) 전주지방법원 2018.11.20 2018고단1640

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 July 10, 2018, at around 00:30, the Defendant: (a) driven a coos car in front of the C cafeteria located in Seojin-gu, Seojin-gu; (b) driven a coos car in D while drinking the alcohol on the front of the C cafeteria; (c) the Defendant changed the way for the taxi driver; and (d) the Defendant was traveling under the influence of alcohol, such as the Defendant’s walking, scarping, scaring, walking, walking, walking, etc. from F, who was called to the site upon a report of a taxi driver who was sent to the site by the police officer of the Jeon-gu Police Station, Tae

Although there are reasonable grounds to designate a person, the police officer voluntarily accompanied by the above E police box located in the same Gu G and then demanded to comply with the measurement of drinking alcohol by inserting approximately 15 minutes in a drinking measuring instrument, but did not comply with the police officer's request for measurement of drinking alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. On-site, refusal of measurement of drinking, and report on the internal investigation related to attachment of photographs showing the suspect's impression;

1. Application of Acts and subordinate statutes to a report on investigation (related to dispatch to the scene);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is to be determined by taking into account the following factors: (a) the defendant's mistake is both the defendant's fault; and (b) the defendant has no criminal history of the same kind of crime.