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(영문) 대전지방법원 서산지원 2017.03.09 2016고정245

도로교통법위반(음주측정거부)등

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1. The sentence against the accused shall be 5,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around March 8, 2016, the Defendant: (a) driven a D-crack-type cruise-type car at Jin-si, a workplace club in C at Jin-si on March 8, 2016; (b) caused a traffic accident after receiving 5 vehicles from the victim E (39 years of age); (c) caused a traffic accident; and (d) assaulted the victim’s shoulder on the ground that he/she can cope with the accident; and (d) assaulted the victim’s right-hand cream on one-time basis.

2. The Defendant violated the Road Traffic Act (Refusal of measurement by drinking), from a police officer dispatched after receiving a report of a traffic accident at the time and place specified in paragraph (1), and from a police officer who was dispatched to the scene, the Defendant was driving the first car in F.

A person who was driven under the influence of alcohol, such as making a statement, making a red tide on the inside of the defendant, being in unstable and smelling;

There are reasonable grounds to determine a seal, and from 21:59 to 22:29 of the same day, it was demanded to respond to the measurement of drinking alcohol by inserting the whole of drinking meters four times.

Nevertheless, the defendant refused to comply with a police officer's request for a measurement of breath without any justifiable reason by refusing such request for a measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

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

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant legal provisions concerning the crime and assault of selective punishment: Article 260(1) of the Criminal Act; Article 260 of the same Act; Article 148-2(1)2 and Article 44(2) of the Road Traffic Act; Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;