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(영문) 대전지방법원 서산지원 2017.12.07 2017고정199

도로교통법위반(음주측정거부)

Text

1. The sentence against the accused shall be 6,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle C, C, C, and III.

On June 4, 2017, the Defendant: (a) driven the said cargo vehicle at “E cafeteria” located in Jindo, Jin-si, Jin-si; and (b) was under the control of the Defendant, upon receiving a report, the Defendant’s driving of the said truck at “one ton of the foregoing cargo vehicle on the roadside, and who is in the vicinity of the loading box, the Defendant was under the control of the Defendant’s suspicion of drinking from the police box G and the policeman.

At the time, the Defendant driven a motor vehicle under the influence of alcohol, such as rhythm on the inquiry of the police officer at a time and at a place, and the debrising, face, and eyeing.

Since there are reasonable grounds to determine the person, G was required to measure the drinking alcohol.

Nevertheless, the Defendant rejected the police officer’s measurement of drinking on three occasions from 14:32 to 14:44 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement report on the circumstances of drivers of drinking alcohol and the ledger of users of drinking instruments;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act concerning 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;