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(영문) 대구지방법원 서부지원 2016.08.31 2016고정256

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 30, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and drinking sprinking on the front four-distance of the Taecheon-gu, Daegu-gu, Daegu-gu, 284, on the road in front of the Grand Arboretums, while driving C in front of and behind a motor vehicle under the influence of alcohol on the road in front of the road. The Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from the circumstances and E, and from the latitude F of the Police Station D District, while driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 37 minutes into the divers of drinking.

Nevertheless, the Defendant did not properly put the part of a drinking measuring instrument into a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (as to refusal to measure drinking);

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;