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(영문) 대전지방법원 공주지원 2017.08.18 2017고단176

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 April 30, 2017, the Defendant: (a) driven an alcoholic beverage on the front of B on the road in front of B on the public road in front of B, while driving on the public road in front of B on the public road; (b) was charged with an accident by shocking the central separation stand installed therein; and (c) was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant from the policeman E belonging to D District Unit of the Public Police Station D, who was dispatched after receiving an accident report.

인 정할 만한 상당한 이유가 있어 음주 감지기로 피고인의 음주 여부를 확인하자 음주 감지 반응이 확인되었고, 이후 위 사고로 인한 피고인의 상해를 치료하기 위해 같은 시 F에 있는 G 병원으로 이송된 후, 같은 날 10:55 경부터 11:15 경까지 4회에 걸쳐 위 E으로부터 음주 측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어넣는 시늉만 하거나 측정 자체를 거부하는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 불응하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual condition, inquiry about the results of crackdown on drinking driving, report on the situation of the driver in charge of drinking, investigation report (report on the situation of the driver in charge of drinking), notification of the results of crackdown on driving under drinking, and ledger on the use of the measuring instruments for drinking;

1. Application of statutes on site photographs;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined by a fine in consideration of the fact that the defendant has no criminal records of the same kind, confessions, and reflects in depth.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.