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(영문) 춘천지방법원 원주지원 2017.02.02 2016고정383

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cussa car volume.

1. Around 03:45 on June 19, 2016, the Defendant: (a) brought the vehicle under the influence of drinking, while driving the vehicle under the influence of drinking in front of the E convenience store located in D at the Won-si; (b) brought the parked victim F (32 years, son); and (c) brought down the vehicle under the influence of the G Aburon vehicle.

As above, a driver under the influence of alcohol, who was dispatched to the site after receiving the report of an accident, reported that the face of the defendant is red, unbrupted, and that he was driven under the influence of alcohol.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in 40 minutes of drinking.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Photographs related to drinking accidents;

1. A report on internal investigation (the functions of the earth and sand and the video products submitted by the person under consideration);

1. Application of Acts and subordinate statutes to internal investigation reports (the application of Acts and subordinate statutes related to the screen of video images of a motor vehicle maintenance business operator for a relative accident);

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 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;

1. Determination on the key issue of Article 186(1) of the Criminal Procedure Act, which is the cost of lawsuit

1. At the time of the instant assertion by the Defendant and his defense counsel, the Defendant boarded on the driver’s seat of the vehicle and followed the inside of the steering brobbbbbbes, and during that process, brock contacted the right side of the Defendant, and was parked in a slope.