beta
(영문) 대전지방법원 2015.04.30 2014고정2006

도로교통법위반(음주측정거부)등

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 November 19, 2011, at around 01:58, the Defendant driven a B B B B-P car without a driver's license, and went from the front of the Yongsan market in the use movement in Daejeon Dong-gu to the front road of 291-2.

At that time, the Daejeon East Police Station C Zone D, a slope belonging to the Daejeon East Police Station, demanded the defendant to respond to the measurement of alcohol by inserting the breathm for about 30 minutes in a manner of putting the breathm in the breath of alcohol in a breath of alcohol, such as smelling, inaculing, inaculous, an inaccurate, and a shocking

However, the defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument, and did not comply with the drinking-free measurement by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;