beta
(영문) 광주지방법원 2018.11.08 2018고정703

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 12, 2018, the Defendant driven a BCR-V car at around 05:13, and proceeded along with the instant road before the tinc box located in the Dong-gu, Gwangju. On April 12, 2018, and received the rear part of the CF vehicle at the front part of the said vehicle.

Police officers belonging to the Gwangju Northern Police Station, who called to the scene of an accident, have driven under the influence of alcohol by the defendant, such as smelling, a snick distance, etc.

The Defendant demanded that the Defendant comply with the alcohol measurement by inserting three seconds or more in a drinking measuring instrument on the ground that there are reasonable grounds to determine a person, but the Defendant avoided the measurement by using a short method and did not comply with the police officer’s drinking without good cause.

Summary of Evidence

1. Each legal statement of witness D and E;

1. An accident scene photograph;

1. The CD;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a manual for use of a drinking measuring instrument);

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

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

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