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(영문) 대전지방법원 서산지원 2013.05.23 2012고합193

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a D car.

On 09:00 on 09. 09. 09. 09. 09. 00, the driver was driving the said vehicle after drinking the vehicle before the service area in the Doegri, Seogdong-ri, which was around 10:45 on the same day, and was driving the said vehicle with the parking lot in the same city patrol box at around 10:45.

At this time, the person who was a slope F, etc. in the E box box, who was a driver, was reported and sent to a drinking room in the restaurant within the previous jurisdiction, and immediately left the parking lot, and the Defendant asked the Defendant “Irk Scp n't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't, and was under the influence of alcohol, and the E police box F, etc. was crackdownd on the charge of drunk driving.

In the above control place, a police officer who requests the alcohol measurement and blood collection at a police officer's request for alcohol measurement, "hing alcohol at the vehicle," and did not comply with the request for alcohol measurement three times from 10:50 to 11:13 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to investigation reports (verification, etc. of the purchaser of the lawsuit);

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed by the defendant while driving while the defendant was under the influence of alcohol, but failed to comply with a police officer's request for measurement of drinking without any justifiable reason, and the nature of the crime is not good, and the defendant is punished three times