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(영문) 대구지방법원 2019.09.26 2019고단3751

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 May 25, 2019, at around 23:00, the Defendant was demanded to respond to a drinking test by inserting the breath in a breath in front of a gas station located in Yongcheon-si B on May 25, 2019, after receiving a report of 112, from the slope F belonging to the E-district of the Gyeongcheon Police Station E- Zone called the site. The Defendant was able to recognize that he was driving under the influence of alcohol, such as a string, a string, a string, a string, and a string, a string, a string, and a string, a string, a string, and a string, a string, and a string.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument while "it is impossible to comply with a drinking test because he/she has a fact of driving."

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of drunk driving (Refusal of measurement);

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with reporters);

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the selection of a fine for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case and repented of his mistake, the defendant's primary crime, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the following factors.