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(영문) 대구지방법원 서부지원 2018.11.27 2018고정319

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 23, 2018, the Defendant driven a car in front of the “C Kindergarten” in Daegu-gu, Daegu-gu, 2018, while driving a car in front of the “C Kindergarten”, while drinking alcohol on the road. On the road, the Defendant driven a car in front of the “C Kindergarten” in the same Daegu-gu, Daegu-gu, and the Defendant was under the influence of alcohol, such as smelling, snicking, snicking, snicking, etc. from a slope F affiliated with the 112 police box called on the 112 report.

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 a prior stage of the measurement by a drinking measuring instrument between approximately 30 minutes.

Nevertheless, the defendant alleged that he has no memory of driving without disclosing his status, and did not comply with a request for measurement of drinking by a police officer without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (with respect to refusal to measure drinking);

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Investigation report (to hear statements by police officers who have requested for measurement of drinking at the time of mobilization);

1. Application of the Acts and subordinate statutes to drillings or video files which refuse to measure drinking (USB);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;