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(영문) 대구지방법원 상주지원 2018.10.16 2018고단212

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On July 9, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) caused a traffic accident involving the collision of the parked E-PP vehicle while driving a D SP vehicle on the front of the C-PP vehicle located in the C-P in the C-P around 05:20 on July 9, 2018, and transferred it to the F-B hospital. On the same day, the Defendant driven the vehicle while under the influence of alcohol, such as the flow of snow from H during the process of driving the G police box called to the above hospital at around 05:59 on the same day, while driving the vehicle.

Although there are reasonable grounds to determine a person who has been requested to comply with the measurement of drinking by inserting the whole 15 minutes of the drinking measuring instrument into the drinking measuring instrument, the police officer did not comply with the request for measurement of drinking without justifiable grounds by making it difficult to put the measuring instrument into the drinking measuring instrument and avoiding this.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving of D SP car at a section of about 300 meters from the front of the Defendant’s residence located in I at the time of the day specified in paragraph 1 to the front of C MP located in the Gyeong-si in the Gyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of a driver who is placed in driving, notification of control results, and confirmation of a person who refuses to comply with drinking measurement;

1. The driver's license ledger;

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

1. Application of Acts and subordinate statutes on internal investigation reports (No. 5 No. 5 of the evidence list);

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking, the selection of fines), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is driving in the absence of any permission.