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(영문) 대구지방법원 2016.01.08 2015고정1751

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 10, 2015, at around 01:52, the Defendant was under the influence of alcohol on the front of the Gyeongdong-gun, Gyeongdong-gun, and was arrested to the F, etc. of the police box E in the Gyeongdong-gun, the police box of the Gyeongdong-gu, the Defendant patroled the balone cargo while driving the Dalone through a gallon, disregarding the signal.

The InspectorF et al. confirmed that the Defendant was drinking by drinking so as to avoid drinking, and the Defendant was driving the above cargo while under the influence of alcohol, such as that the Defendant rhym, a large distance and face with red and smelling.

There are reasonable grounds to see, from around 01:52 to 02:05 on the same day, alcohol was measured twice on the road in front of the Gluran-gun, Gluran-gun.

However, the Defendant did not comply with a police officer’s demand for measurement of alcohol to verify whether the Defendant was under the influence of alcohol at the time of driving as above, such as refusing it and making a phone call, leaving out of slurf as is, leaving about 50 meters away, and arresting him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A letter of arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the Defendant had completed driving at the time of the instant request for the measurement of drinking alcohol, the need for measurement of drinking was extinguished. The Defendant’s third demand for measurement of drinking to the Defendant by a police officer is a lawful performance of official duties because the drafting was made forcibly without disregarding the right to engage in driving.

2. It is recognized based on the evidence adopted and examined by the court.