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(영문) 광주지방법원 2014.05.08 2014고단882

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

On March 8, 2014, at around 22:57, the Defendant driven B K3 automobiles while under the influence of alcohol in blood alcohol concentration on the Gyeongnam Expressway.

At that time, the driver who driven a vehicle behind the Defendant’s vehicle was suspected of driving the vehicle in a abnormal manner while driving the vehicle under the influence of alcohol, and the driver was suspected of driving the vehicle while driving the vehicle under the influence of alcohol, and the 112 report was made. The slope D belonging to the Gisung Police Station C police station, which called upon the report, discovered the Defendant who was accommodated in the Fmoter 206, in south, was found at the time the Defendant was boomed with a red shock, and was in a very shale distance. At the time, the Defendant was said to drink with a woman’s frith, and the Defendant was said to drink with a woman’s frith, and there was considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s statement that the employee working at the expressway charges passed by the Defendant was

Accordingly, on March 9, 2014, the above slope D requested the defendant to comply with the breath measurement method for about 20 minutes, including around 00:28 (1), 00:38 (2), and 00:48 (3). However, the defendant did not comply with the breath measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the situation of running a driving on the drinking house and the circumstantial statement of a drinking driver;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting a crime, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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