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(영문) 대구지방법원 안동지원 2016.11.29 2016고정236

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On July 27, 2016, the Defendant received 112 report from a university of permanent residence No. 187, 187, 14-3, Hydillll, and received a 112 report, and received a drinking test from C in the circumstances belonging to the permanent police station B district unit of the permanent police station called up, the Defendant was fluored with a large amount of drinking, a large amount of walking, and a large amount of walking, and the witness D stated that the Defendant was a witness who was under the influence of alcohol, and was able to recognize that he was under the influence of alcohol, and was demanded to comply with the drinking test by inserting the whole in a drinking measuring instrument for about 30 minutes.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement of the state of drinking drivers;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;