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(영문) 대구지방법원 상주지원 2016.05.24 2015고정235

도로교통법위반(음주측정거부)

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

On November 28, 2015, the Defendant driven a motor vehicle while under the influence of alcohol by the Defendant at a police station south of the police station located in 144, 05:00, a police station south of the police station, which was located in 144, prior to the mother of the police station.

Even if there are reasonable grounds to determine a person, he/she did not comply with a request for the measurement of drinking without justifiable reasons, even though he/she has received a request for the measurement of drinking by inserting a drinking measuring instrument breathe

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness C and D in the second public trial protocol;

1. E statements;

1. A report on detection of the driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a photographic entering the convenience store);

1. Application of Acts and subordinate statutes concerning the arrest of flagrant offenders, reporting on the arrest of flagrant offenders, internal investigation reports, physical confirmation of the arrested suspect, and notification of arrest;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the investigation agency's arrest of the criminal who had already finished drinking driving at the time of arrest of the criminal in the act of committing an offense is illegal, and there is a justifiable reason to refuse to measure drinking under such situation.

2. Comprehensively taking account of the evidence revealed in the summary of the evidence as seen earlier, the following facts: ① the Defendant, by driving a car at around 04:09 on November 28, 2015 and driving a car to the front of the H convenience store located in G in G in the door-to-door city, was automatically received a 112 report because he did not collect five second of the five seconds of the general telephone call while entering the above convenience store; ② the police called the above convenience store and provided meals within the above convenience store.

From E, "the defendant enters into the lower convenience store of the vehicle", the defendant makes a non-string and smelling report.