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(영문) 광주지방법원 2014.10.30 2014고단3047

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 August 3, 2014, the Defendant, while under the influence of alcohol around 02:20, caused a traffic accident while driving CMW car in Seo-gu, Seo-gu, Gwangju. On the same day as the police officers belonging to the Gwangju Seo-gu Police Station who called the site upon receiving a report, the Defendant was placed into the Gwangju Seo-gu Office for Traffic Investigation of the Gwangju Seo-gu Police Station at around 02:40 on the same day.

Since then, the Defendant determined that there was a reasonable ground to recognize that “the Defendant was driven while under the influence of alcohol, such as smelling, snicking on the face, etc.” from police officers D, and that he was demanded from around 03:03 to around 03:37 of the same day to respond to a request for a measurement of alcohol level by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to the scene of accident and photographs of denial of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;