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(영문) 인천지방법원 2016.07.07 2016고정430

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

The defendant is a person who drives CM7 vehicles.

On November 17, 2015, at around 23:35, the Defendant: (a) followed the indoor packing horse in which the trade name near the Bupyeong-gu Incheon Metropolitan Government D is unknown; (b) driven the above vehicle at a distance of about one meter in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (c) led to shocking on the back door of the vehicle under consideration.

The reason why the person in the name of this person was sent to the police after receiving a report and questioning the defendant, but the driver was under the influence of alcohol, such as f and f and fluor G with heavy snow, fluoring the pedestrian age, fluoring, face, and snow, fluoring the smell, and fluoring.

There is a reasonable reason to designate a person, and it has been voluntarily accompanied by the traffic survey team of the Incheon Samsan Police Station.

When the Defendant demanded a light-riding G to take a alcohol test, the Defendant did not comply with the demand without justifiable grounds for the measurement on November 18, 2015 from around 00:21 to around 00:51 on the same day, such as making phone calls to another place without suffering from the measuring instrument, and making a crossing, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A copy of the ledger using the measuring instruments for drinking;

1. The Defendant’s photograph, photograph, etc. related to the refusal of measurement [the Defendant and his defense counsel alleged that the Defendant was drunk at the time of the instant crime and thus, was unable to discern things, but in light of various circumstances, such as the Defendant’s behavior before and after the commission of the crime, the circumstances after the commission of the crime, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions.

As such, the above argument by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, the selection of a fine shall be made.