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(영문) 대구지방법원 포항지원 2017.11.15 2017고정414

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a three-wheeled motor vehicle without a license plate.

The Defendant, while under the influence of alcohol on July 25, 2017, while driving at around 18:10 on July 25, 2017, driven the said vehicle while under the influence of alcohol by drinking alcohol, such as causing a physical damage during the operation of the said vehicle from the center for the Japanese powers of a machinery Eup at the port to the same Eup-North Korean pharmacy in the same Eup-Myeon.

As there are reasonable grounds to recognize, it was demanded from 19:04 to 19:19 on the same day to respond to the alcohol testing four times between 15 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver who is placed in driving, and confirmation of a person who refuses to comply with drinking;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., the first offender and the old age), which shall be mitigated;

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;