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(영문) 대전지방법원 2016.05.11 2016고정322

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Damcom.

On January 2, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking alcohol, while driving the motor vehicle on the front of a good apartment apartment that is in front of Daejeon-gu, Daejeon-gu, Daejeon-gu, with a view to drinking alcohol.

A police officer who has been working on the drinking driver's control due to reasonable grounds to determine a person, was required to respond to the drinking test by inserting the respiratory part of the drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant avoided the breath method of injecting a drinking measuring instrument, and did not comply with a police officer’s request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, notification of the results of regulating driving of alcohol, report on the circumstances of drivers of alcohol, report on the circumstances of driving of alcohol, and application of Acts and subordinate statutes to report internal death;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;