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(영문) 광주지방법원 2018.05.03 2018고정325

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a private taxi in B.

On February 12, 2018, the Defendant, while driving a D cafeteria in front of the D cafeteria in Gwangju-gu, Gwangju-gu, at around 04:13, driven the Defendant under the influence of alcohol by drinking alcohol, such as drinking alcohol and smelling the face of the D cafeteria in front of the D cafeteria, who was called out after receiving a report 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 breag into a drinking measuring instrument over about 25 minutes.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason by avoiding the alcohol measuring instrument, such as being carried by hand and being pushed in.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Application of statutes on field 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. 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;