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(영문) 광주지방법원 2017.07.25 2017고단1587

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 31, 2017, the Defendant driven a DNA-low-income vehicle under the influence of alcohol by drinking alcohol on the front road of the C Hospital in Gwangju Mine-gu, Gwangju, while driving a DNA-only vehicle under the influence of drinking alcohol on March 31, 2017.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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;

1. Selection of a selective fine for punishment (the fact that the defendant recognized the crime of this case and reflects his mistake, driving alcohol in 207 and 2015 without any past record of the suspension of execution or heavier punishment, and taking into account the social environment of the defendant, etc.);

1. Articles 70 and 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;