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(영문) 대구지방법원 경주지원 2017.08.09 2017고단284

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 14:30 on April 4, 2017, the Defendant 15:00 on the same day, after drinking alcohol at the Defendant’s house, parked a vehicle to a gallon at the entrance of the original house located in the outside Dong-dong Eup, 15:00 on the same day, and went to a water station located in the vicinity of the original house, and refused a request from the original house C to move a vehicle from the original house, and the Defendant, while he was under the influence of alcohol around 17:30 on the same day, moved the said vehicle by driving about 40 meters at around 17:30 on the same day, parked at the parking lot located below the original house.

The Defendant, at around 18:07 on the same day, stated that the Defendant was under the influence of alcohol, from a slope E, a police officer belonging to the police station, who was dispatched to the scene after receiving a report of 112, and the reported person, C, a police officer belonging to the police station D police station, that the reported person “the vehicle driven under the influence of alcohol, was moving to the lower level.” The Defendant found the Defendant’s walk and walking around the place in which the reporter stated, and was under the influence of alcohol, such as smelling, snicking, and snicking, and having

There is a reasonable reason to determine the person, so it was demanded to respond to the measurement of drinking three times in total between about 20 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on internal investigation (violation of Road Traffic Act), the arrest of flagrant offenders, vehicle photographs, notification of the results of crackdown on drinking driving, the statement of the state of drinking, copies of the ledger using drinking meters, field photographs, inquiry of the results of crackdown on drinking driving, investigation reports ( listening to the statement by shot C telephone and attaching sound CDs), and the detailed statement of the case handling reports by 112;

1. Relevant legal provisions and Articles 148-2(1)2 and 44(2) of the Road Traffic Act concerning criminal facts (the choice of penalty, the defendant's three-time choice of drinking, the defendant's three-time refusal of drinking or the measurement of drinking, and the probation period is being suspended due to this type of crime, but the defendant is led to confession and reflect.